Loaiza v. Guzman

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Kitzes, J.), entered March 26, 2013, which denied their renewed motion for leave to enter judgment on the issue of liability against the defendants, upon their failure to appear or answer, and granted the defendants’ cross motion pursuant to CFLR 3012 (d) for leave to serve a late answer and to compel the plaintiffs to accept service of that answer.

Ordered that the order is reversed, on the law, with costs, the plaintiffs’ renewed motion for leave to enter judgment…