Vargas v. Marquis

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Dutchess County (Dolan, J.), dated February 3, 2009, which denied their motion to vacate a judgment of the same court entered January 5, 2009, in favor of the plaintiff and against them in the principal sum of $135,000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the judgment entered January 5, 2009, is vacated.

In this action, the plaintiff successfully moved for summary judgment on the issue of liability in August 2006. Prior to submission…