Meeker v. Moore

an action to recover damages, inter alia, for intentional infliction of emotional distress and fraud, the plaintiffs appeal from an order of the Supreme Court, Suffolk *781County (Gowan, J.), dated September 14, 1988, which denied their motion pursuant to CPLR 3215 (a) for entry of a default judgment against the defendant based upon his failure to serve an answer to their complaint, and, sua sponte, extended his time to serve an answer.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for…