Siwek v. Phillips

Order, Supreme Court, Bronx County (Kenneth L. Thompson Jr., J.), entered February 3, 2009, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for a default judgment against defendant Ardsley and denied defendants’ cross motion to compel plaintiff to accept their answer nunc pro tunc and to transfer the action to Westchester County, unanimously modified, on the law, the motion for a default judgment against Ardsley denied, the cross motion granted to the extent of compelling plaintiff to accept Ardsley’s answer nunc pro tunc, and otherwise affirmed, without…