Charmon v. Pavy

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Wooten, J.), dated June 13, 2016, which denied his unopposed motion pursuant to CPLR 3215 for leave to enter a default judgment upon the defendants’ failure to appear or answer the complaint.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the words “as they have appeared in the action,” following the words “Plaintiff’s motion for default judgment against defendants is denied,” and substituting therefor the words “with…