Opinion
November 10, 1994
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
The IAS Court did not abuse its discretion in excusing defendant Clarke's default in answering, based on his attorney's representation that he may have been incarcerated for much of the period of his default and the police report indicating that he was trying to avoid a double-parked car at the time of the accident.
Concur — Rosenberger, J.P., Kupferman, Asch and Tom, JJ.