Opinion
Submitted May 3, 2000.
June 19, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), entered August 18, 1999, which granted the plaintiff's motion to vacate his default and to restore the action to the trial calendar.
Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto of counsel), for appellant.
Siben Siben, LLP, Bay Shore, N.Y. (Alan G. Faber of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in vacating the plaintiff's default and restoring the action to the calendar (see, Matter of Ping Lee v. City of New York, 233 A.D.2d 510). The plaintiff proffered a sufficient excuse for his unintentional default under the circumstances, and established the existence of a meritorious claim (see, Putney v. Pearlman, 203 A.D.2d 333).