Opinion
No. CA 10-02024.
September 30, 2011.
Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), dated December 17, 2009. The order granted the motion of defendants to vacate a default judgment and ordered plaintiff to provide discovery.
PATRICIA J. CURTO, PLAINTIFF-APPELLANT PRO SE.
HAGELIN KENT LLC, BUFFALO (VICTOR M. WRIGHT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present — Scudder, P.J., Smith, Lindley, Sconiers and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: We reject the contention of plaintiff that Supreme Court erred in granting that part of defendants' motion to vacate a default judgment. Inasmuch as defendants had previously appeared in this action, they were entitled to receive notice of plaintiffs motion for a default judgment ( see CPLR 3215 [g] [1]; Nowak v Oklahoma League for Blind, 289 AD2d 995). Plaintiff failed to provide defendants with such notice, and thus her motion for a default judgment was defective. We have reviewed plaintiff's remaining contentions and conclude that they are without merit.