Vento v. City of New York

In an action to recover damages for personal injuries, the defendant John J. Dalton appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated January 17, 1997, which granted the plaintiffs motion for leave to enter a judgment on liability upon his default in answering or appearing and denied his cross motion, inter alia, to vacate his default.

Ordered that the order is affirmed, with costs.

Initially we note that even if the opposition papers and cross motion were untimely served, the Supreme Court providently exercised its discretion in overlooking the late service…