Dunn v. Burns

Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered September 28, 2004. The order denied defendant’s motion to vacate the default judgment entered February 3, 2004 and to compel plaintiffs to accept service of the answer.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the judgments entered February 3, 2004 and March 31, 2004 are vacated and plaintiffs are directed to accept service of the answer sworn to May 28, 2004.

*885Memorandum: Salim Mansour Braick, M.D.…