Cunningham v. Diers

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Emerson, J.), dated March 17, 2003, which denied their motion, in effect, to vacate a prior order of the same court dated October 28, 2002, granting the defendants’ unopposed motion to dismiss the complaint, inter alia, on the ground that the plaintiffs failed to comply with a conditional order of dismissal.

Ordered that the order is affirmed, with costs.

To vacate their default in opposing the defendants’ motion to dismiss the complaint, the plaintiffs were…