Lawrence v. Palmer

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Nelson, J.), dated November 19, 2007, which denied their motion pursuant to CPLR 3215 for leave to enter judgment against the defendant upon her failure to interpose a timely answer, and, in effect, granted the defendant’s application to compel the plaintiffs to accept her late answer.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiffs’ motion for…