Rodriguez v. Berkowitz

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated August 8, 2003, which denied their motion for leave to enter judgment against the defendant Eustin Rodriguez upon his default in appearing and deemed that defendant’s answer served.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs’ motion for leave to enter judgment against the defendant Eustin Rodriguez upon his default in appearing and deeming that defendant’s answer…