Guzman v. Warenda

Appeal from an order of the Supreme *1018Court (White, J.), entered March 2, 1989 in Montgomery County, which denied plaintiff's motion for entry of a default judgment and dismissed the complaint.

Defendant failed to appear or answer this personal injury action commenced on October 31, 1987 and is in default. More than one year later, on December 31, 1988, plaintiff moved, inter alia, pursuant to CPLR 3215 (c) for entry of a default judgment. Plaintiff contended that he was a member of the Armed Forces continuously serving in the Naval Hospital in San Diego, California, from June 23, 1988, and that…