Spencer v. Sanko Holding USA, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golia, J.), dated May 20,1997, which, inter alia, granted the defendant’s motion to compel the plaintiff to accept, among other things, its answer, and denied the plaintiff’s cross motion, inter alia, for leave to enter a judgment upon the defendant’s default in answering.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the cross motion is granted..

As a general rule, a default will be vacated and a late answer will be permitted…