Oliver v. Garris

Full title: LENNETH OLIVER, Appellant, v. WILLIAM H. GARRIS et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 23, 2001

282 A.D.2d 662 (N.Y. App. Div. 2001)

723 N.Y.S.2d 409

Opinion

April 23, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Gigante, J.), dated August 31, 2000, which granted the defendants' motion to vacate a judgment of the same court entered February 28, 2000, upon their default in answering the complaint.

Before: Ritter, J.P., Krausman, Florio and Feuerstein, JJ., concur.

Gigante, J.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion to vacate the judgment against them upon their default in answering the complaint ( see, Rockefeller v Jeckel, 161 A.D.2d 1090; Lane v Lane, 175 A.D.2d 103).