Magliore v. Barber

—In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (Garson, J.), dated June 7, 2000, as granted that branch of the plaintiffs motion which for leave to vacate his default in failing to enter a judgment pursuant to CPLR 3215, denied their cross motion to dismiss the complaint, and upon, in effect, vacating their default in appearing or answering, sua sponte, directed them to interpose an answer within 30 days.

Ordered that the appeal from so much of the order as, sua sponte, directed the defendants to…