Opinion
01-06103
February 6, 2002
March 11, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Cammer, J.), dated June 4, 2001, as granted the defendants' motion to vacate their default in answering the complaint.
Stuart H. Finkelstein, Kew Gardens, N.Y., for appellant.
Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for respondents.
FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, and STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the defendants' motion to vacate their default in answering the complaint (see, CPLR 5015[a][1]; Mita v. Bianchi, 286 A.D.2d 376).