Nunez v. Bertram

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered November 4, 2004, which granted the defendants’ motion, inter alia, to vacate their default in appearing or answering the complaint.

Ordered that the order is affirmed, with costs.

Under the circumstances, including, inter aha, the reasonable excuse offered by the defendants for their delay in answering, the existence of a possible meritorious defense, the lack of any evidence of willfulness, the absence of prejudice to the plaintiffs, and…