Vogl v. Joyce Kilmer Realty Corp.

In a wrongful death action, 35-79 160th Street Club, Inc., appeals from an order of the Supreme Court, Nassau County (Kelly, J.), entered December 19,1983, which granted plaintiff’s motion for leave to enter a default judgment as against appellant and set the case down for an inquest and assessment of damages, and denied appellant’s cross motion to vacate its default. 11 Order reversed, as an exercise of discretion, without costs or disbursements, motion denied and cross motion granted, on condition that appellant pays plaintiff the sum of $500. The payment of the $500 shall be made within 10…