Sweetland v. Malone

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated October 4, 1994, which denied his motion pursuant to CPLR 3215 for leave to enter a default judgment and pursuant to CPLR 3212 for summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff leave to enter a default judgment. The defendant had vigorously defended a prior identical action, which the plaintiff believed had abated by the then-applicable…