Gardner v. Tully

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), entered June 14, 1995, which granted the defendants’ motion to vacate a judgment of the same court, entered September 14, 1994, upon their default in answering the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment entered September 14, 1994, in favor of the plaintiff is reinstated.

The plaintiff was involved in an accident on February 25, *5881991, with an automobile operated by the defendant…