Fabian v. Mullen

Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered January 30, 2004 in a personal injury action. The order denied the motion of defendant William Doherty to vacate the default judgment entered against him in this action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following Memorandum: William Doherty (defendant) appeals from an order denying his motion to vacate the…