Fernandez v. New York City Health & Hospitals Corp.

an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Santucci, J.), dated July 14, 1986, which denied his motion for summary judgment and granted the defendant’s motion to vacate its default, conditioned upon the attorney for the defendant paying to the plaintiff the sum of $250, and which directed all parties to appear for examinations before trial.

Ordered that the order is affirmed, with costs.

Initially, we note that the plaintiff did not waive his right to appeal from this order (see, Jamaica Buses v Connor, 78 AD2d…