Leifer v. Pilgreen Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ambrosio, J.), dated October 15, 2007, which denied their motion for leave to enter judgment on the issue of liability upon the defendant’s failure to appear or answer and to set the matter down for an inquest on the issue of damages, and granted the defendant’s cross motion for leave to serve a late answer nunc pro tunc.
Ordered that the order is reversed, on the law, on the facts, *760and in the exercise of discretion, with costs, the plaintiffs’ motion is granted,…
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