Harley v. Hawkins

—In an action to recover damages for legal malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (R. Goldberg, J.), entered October 7, 1998, as denied his motion for leave to enter a judgment upon the defendant’s failure to appear or answer, and granted that branch of the defendant’s motion which was to dismiss the complaint as time-barred.

Ordered that the order is affirmed insofar as appealed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs motion (see, Meyer v Rose, 160 AD2d 565).…