Montgomery v. Cranes, Inc.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Dollard, J.), dated November 23, 2007, which granted the plaintiffs motion for leave to enter judgment against them upon their failure to answer or appear, and denied their cross motion to vacate their default and dismiss the complaint pursu*982ant to CPLR 3211 (a) (5) or, in the alternative, to extend the time to appear and file an answer and compel the plaintiff to accept their late answer.

Ordered that the order is modified, on the law and in the exercise of…