Kheyfets v. El Amari, Inc.

In an action to recover damages for personal injuries, the defendant General Trading appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated August 24, 1995, which, upon granting the plaintiffs motion to reargue (1) his prior motion for leave to enter a default judgment against it and (2) its motion to dismiss the complaint, denied its motion and conditionally granted the plaintiffs motion unless General Trading served an answer within 30 days.

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff was not required to pay a…