Habacht v. Caroccia

— In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Kuffner, J.), dated January 13, 1987, which denied his motion to vacate a default judgment of the same court, entered September 26, 1986.

Ordered that the order is affirmed, with costs.

The Supreme Court did not abuse its discretion in denying the defendant’s motion to vacate the default judgment. The record on appeal reflects that the defendant was served with a summons and verified complaint on March 15, 1986. Sometime in April 1986 the defendant…