Schwerner v. Sagonas

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated January 11, 2005, which, inter alia, denied his motion to vacate an order of the same court dated September 21, 2004, granting the plaintiffs motion for leave to enter a judgment upon his failure to appear or answer the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant’s motion which was to vacate the order dated September 21, 2004, on the ground of improper service of…