Palermo v. Rodriguez

—In an action, inter alia, to recover damages for intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Kangs County (Barasch, J.), dated October 9, 1997, which denied his motion for leave to enter judgment against the defendant for failing to answer or appear in this action.

Ordered that the order is reversed, as a matter of discretion, with costs, and the plaintiffs motion is granted.

The Supreme Court improvidently exercised its discretion in denying the plaintiffs motion for leave to enter a judgment against the defendant for failing to…