Apicella v. Valley Forge Military Academy & Junior College

In a negligence action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Nassau County (Levitt, J.), dated April 27, 1983, as, upon granting its renewed motion to vacate its default in answering and for leave to serve a late answer, conditioned the grant of leave on the deletion from the answer of the defense of lack of personal jurisdiction. Order reversed, insofar as appealed from, as a matter of discretion, with costs, and defendant’s motion granted unconditionally. The only issue before this court is whether defendant can…