Opinion
April 28, 1995
Appeal from the Supreme Court, Livingston County, Wiggins, Jr., J.
Present — Pine, J.P., Fallon, Callahan, Doerr and Balio, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint reinstated. Memorandum: Supreme Court dismissed the complaint for nonappearance of plaintiff and his attorney on the date set for trial, and thereafter denied plaintiff's motion to vacate the default judgment. Under the circumstances of this case, that was an improvident exercise of discretion.