Mootoo v. Ruiz

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated December 6, 2000, which granted the defendant’s motion to vacate an order of the same court, dated May 24, 1999, granting their motion to enter a judgment of default against the defendant upon his failure to answer the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the order dated May 24, 2000, is reinstated.

A defendant moving to vacate an order entered upon his or her default must demonstrate…