Opinion
2003-01561.
December 22, 2003.
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Colabella, J.), dated January 29, 2003, which granted the defendant's motion to vacate his default in answering the complaint and for leave to serve a late answer.
Ronald Cohen, New York, N.Y., for appellants.
Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Leslie K. Arfine of counsel), for respondent.
Before: HOWARD MILLER and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendant's motion to vacate his default in answering the complaint and for leave to serve a late answer ( see CPLR 5015[a][1]; Fidelity Deposit Co. of Md. v. Anderson Co., 60 N.Y.2d 693; Parker v. City of New York, 272 A.D.2d 310).
RITTER, J.P., SMITH, FRIEDMANN, H. MILLER and CRANE, JJ., concur.