Opinion
February 16, 2000
Appeal from Order of Supreme Court, Wayne County, Sirkin, J. — Summary Judgment.
PRESENT: GREEN, A. P. J., HAYES, PIGOTT, JR., AND SCUDDER, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted the motion of defendant Petrone and Petrone, P.C. and the cross motion of defendant New York Central Mutual Fire Insurance Company (NYCM) for summary judgment dismissing the complaint against them. NYCM established that its conduct was not "in gross disregard of the insured's interests" ( Jonas v. New York Cent. Mut. Fire Ins. Co., 244 A.D.2d 916, 917; see, Pavia v. State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 453-454, rearg denied 83 N.Y.2d 779). In any event, NYCM cured any breach of the insurance contract by moving to vacate the default judgment entered against the insured. We have considered the remaining contentions of plaintiff and conclude that they are without merit.