DiBella v. Pennino

In an action to recover damages based on intentional assault, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated December 9, 2003, which denied his motion to vacate a prior judgment of the same court entered May 19, 2003, made after an inquest, upon an order of the same court dated February 24, 2003, granting the plaintiffs motion, inter alia, to strike his answer upon his default in opposing the motion.

Ordered that the order is affirmed, with costs.

*626To vacate his default in opposing the plaintiffs motion, the defendant was required to demonstrate a…