Braisted v. Bullock

In an action predicated upon medical malpractice to recover damages, inter alia, for the wrongful death of the plaintiff’s decedent, the defendants Robert L. Douglas and Medical Diagnostic Groups, P. C., appeal from an order of the Supreme Court, Orange County (Hickman, J.), dated February 3, 1987, which, after a hearing, denied their motion to vacate their default and reinstate their answer.

Ordered that the order is reversed, in the exercise of discre*439tion, without costs or disbursements, and the motion is granted.

The court granted the plaintiff leave to enter a default judgment and struck…