Berlin v. Schlotthauer

—In an action for a partition of certain real property, the defendant Matthias Schlotthauer appeals from an order of the Supreme Court, Suffolk County (Willen, J.), dated December 5, 1984, which denied his motion to vacate his default in answering.

Order reversed, in the exercise of discretion, without costs or disbursements, motion to vacate the default in answering granted, interlocutory judgment dated September 16, 1981 (Gowan, J.) and judgment entered May 9, 1984 (Orgera, J.) vacated, and matter remitted to the Supreme Court, Suffolk County, for further proceedings in accordance herewith,…