Sandhu v. Mercy Medical Center

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Colabella, J.), entered October 17, 2007, which granted the plaintiffs motion, in effect, to vacate a judgment of the same court (Barone, J.), dated June 27, 2006, which, upon a *930prior order of the same court dated April 4, 2006, granting the defendants’ motion to dismiss the complaint upon his default in proceeding with trial, dismissed the complaint.

Ordered that the order entered October 17, 2007 is reversed, on the law, with costs, the judgment and the order…