Chiaramonte v. Coppola

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 28, 2009, which, in an action alleging medical malpractice and wrongful death, granted plaintiffs motion to vacate the default judgment entered against her and reinstated the complaint, unanimously reversed, on the law, without costs, the motion denied and the default judgment reinstated. The Clerk is directed to enter judgment accordingly.

The motion to vacate the default judgment, which was entered based upon plaintiffs failure to appear at a scheduled status conference (see 22 NYCRR 202.27 [b]), was improperly granted…