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ALTHEA CLARKE ap, v. LIBERTY MUTUAL FIRE INSURANCE CO., res

ALTHEA CLARKE ap, v. LIBERTY MUTUAL FIRE INSURANCE CO., res — (INDEX NO. 9209/15)In an action pursuant to Insurance Law §3420(a)(2) to recover the amount of an unsatisfied judgment against the defendant's insured, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Anzalone, J.), entered June 24, 2016, as, upon reargument, adhered to the original determination in an order dated February 1, 2016, denying their unopposed motion for leave to enter a default judgment against the defendant, and granted the defendant's cross motion pursuant to CPLR 3012(d) to compel them to accept its late answer.

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ALTHEA CLARKE ap, v. LIBERTY MUTUAL FIRE INSURANCE CO., res — (INDEX NO. 9209/15)In an action pursuant to Insurance Law §3420(a)(2) to recover the amount of an unsatisfied judgment against the defendant’s insured, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Anzalone, J.), entered June 24, 2016, as, upon reargument, adhered to the original determination in an order dated February 1, 2016, denying their unopposed motion for leave to enter a default judgment against the defendant, and granted the defendant’s cross motion pursuant to CPLR 3012(d) to compel them to accept its late answer.

ORDERED that the order entered June 24, 2016, is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, upon reargument, the order dated February 1, 2016, is vacated and the plaintiffs’ motion for leave to enter a default judgment against the defendant is granted, and the defendant’s cross motion pursuant to CPLR 3012(d) to compel the plaintiffs to accept its late answer is denied.

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