Opinion
2003-1204 SC.
Decided June 22, 2004.
Appeal by defendants from an order of the District Court, Suffolk County (J. Toomey, Jr., J.), entered July 7, 2003, which denied their motion to vacate a judgment entered on default.
Order unanimously reversed without costs and defendants' motion to vacate the default judgment granted on condition that, within 20 days of the date of the order entered hereon, defendants serve and file their answer; otherwise order affirmed without costs.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
Under the circumstances presented, it is our opinion that defendants' motion should be granted upon the terms set forth above.