Dimitriadis v. Visiting Nurse Service
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J), dated June 18, 2009, which, among other things, granted the defendant’s motion pursuant to CPLR 5015 (a) (1) to vacate a previous order of the same court dated January 27, 2009, granting the plaintiffs’ motion pursuant to CPLR 3126 to strike its answer upon its default in complying with discovery.
Ordered that the order is affirmed, with costs.
A motion to vacate a default is addressed to the sound discretion of the…
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