Opinion
Submitted November 17, 1999
December 13, 1999
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated December 15, 1998, which granted the defendant's motion to vacate a judgment, entered January 27, 1998, upon his default in answering the complaint.
Godosky Gentile, P.C., New York, N.Y. (Robert E. Godosky of counsel), for appellant.
Seth A. Flaum, New York, N.Y., for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant established both a reasonable excuse for his default in interposing an answer and a meritorious defense (see, Hinderer v. Erbesh, 240 A.D.2d 707 ; Roussodimou v. Zafiriadis, 238 A.D.2d 568 ). Therefore, the Supreme Court providently exercised its discretion in granting the defendant's motion to vacate the judgment which was entered upon his default.
MANGANO, P.J., RITTER, McGINITY, and SMITH, JJ., concur.