Thomas v. Avalon Gardens Rehabilitation & Health Care Center

In an action, inter alia, to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated October 8, 2009, which granted the plaintiffs’ motion to vacate a prior order of the same court dated July 6, 2009, granting the defendant’s unopposed motion pursuant to CFLR 510 (1) and 511 to change the venue of the action from Kings County to Suffolk County.

Ordered that the order is affirmed, with costs.

To vacate their default in opposing the defendant’s prior motion to change the venue of the action, the plaintiffs were…