Peniston v. Epstein

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (M. Garson, J), dated July 18, 2003, as denied their motion, in effect, for leave to enter a default judgment against the defendant- upon his failure to appear and answer, and compelled them to accept service of the defendant’s answer.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In support of their motion for leave to enter a default judgment against the defendant upon his failure to appear and answer,…