Zino v. Joab Taxi, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Covello, J.), dated August 5, 2004, which denied his motion for leave to enter a judgment on the issue of liability against the defendant Joab Taxi, Inc., upon its failure to appear or answer and for an inquest on the issue of damages, and deemed the answer of the defendant Joab Taxi, Inc., timely served nunc pro tunc.
*522Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the matter is remitted to the…
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