Opinion
2003-04335.
Decided February 2, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J,), dated April 21, 2003, which granted the motion of the defendants Winthrop Estates Corp., and Doris McLain to vacate their default in appearing or answering the complaint.
Stephen M. Cohen (Alexander J. Wulwick, New York, N.Y., of counsel), for appellant.
Lewis, Johs, Avallone, Aviles Kaufman, LLP, Melville, N.Y. (Robert J. Avallone of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the motion of the defendants Winthrop Estates Corp. and Doris McLain to vacate their default in appearing in the action or answering the complaint ( see Scarlett v. McCarthy, A.D.3d [2d Dept, Dec. 15, 2003]).
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.