Opinion
July 22, 1985
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Order modified, on the facts, by increasing the sum to be paid by defendant CNA Insurance Company as a condition of vacating its default in answering from $250 to $750. As so modified, order affirmed, without costs or disbursements. Said defendant's time within which to pay the increased sum is extended until 10 days after the service upon it of a copy of the order to be made hereon, with notice of entry.
Special Term did not abuse its discretion in vacating defendant CNA Insurance Company's default in answering, but should have conditioned the grant upon said defendant's payment to plaintiffs' counsel of the sum of $750. Brown, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.