Thomas v. Avalon Gardens Rehabilitation & Health Care Center

In an action, inter alia, to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J), dated December 15, 2011, which granted the plaintiffs’ motion, in effect, pursuant to CPLR 2221 (a) (1) and CPLR 5015 (a) (1) to vacate an order of the same court dated July 21, 2011, entered upon their default in appearing on the return date of their motion, and to restore the plaintiffs’ prior motion to the calendar and, thereupon, in effect, granted the plaintiffs’ prior motion, restored the matter to active pre-note of issue…