Opinion
October 30, 1967
In an action to recover damages for personal injury, plaintiff appeals from an order of the Supreme Court, Queens County, dated March 21, 1967, made on resettlement, which granted defendant's motion to vacate a judgment in the sum of $130,202.35 entered against defendant by default on September 20, 1966 after an assessment of damages by the court. Order affirmed, with $20 costs and disbursements. The time to serve a copy of plaintiff's complaint, as provided in the order, is extended until 20 days after service of a copy of the order to be made hereon. In our opinion, the Special Term did not abuse its discretion in granting the motion without terms. Under the circumstances presented, the precipitate action of plaintiff in entering the default judgment was unwarranted. Beldock, P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.