Cruz v. First Call Ambulette Service Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Belen, J.), dated September 9,1996, as granted the defendant’s motion to vacate a default judgment of the same court (Ramirez, J.), entered January 24, 1996, which was in favor of the plaintiff and against the defendant in the total sum of $268,250, to the extent of vacating the damage award and directing that a new inquest be conducted.

Ordered that the order is modified, on the law and as a matter of discretion in the interest of justice, by adding thereto…