Mantilla v. Lewkowitz

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated March 3, 1986, which denied her motion pursuant to CPLR 5015 to vacate a default judgment dated April 12, 1983.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court’s order which denied the defendant’s motion to vacate her default was not an abuse of discretion. Regardless of whether the defendant’s application was untimely (CPLR 5015 [a] [1]), there is no justification for…