Newsome v. Akins

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated May 21, 2003, which, inter alia, granted the plaintiffs’ motion to vacate a prior order of the same court dated January 16, 2003, granting the defendant’s *513motion to strike the complaint and dismissing the action upon the plaintiffs’ default in opposing the motion.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs’ motion to vacate its prior order granting the…