Zachry v. County of Nassau

In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated June 26, 1989, which, upon renewal and reargument, granted the defendant Massapequa General Hospital’s motion to vacate its default in answering.

Ordered that the order is affirmed, with costs.

The issue of whether a default should be vacated is a matter within the sound discretion of the trial court (see, Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693).

In the instant case, the defendant Massapequa General Hospital contracted with National Emergency Services…