Dessain v. Franklin

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated January 19, 2005, which denied their motion pursuant to CPLR 6201 (1) and 6212 (a) for an order of attachment and granted the defendant’s cross motion to vacate a judgment entered upon his default in appearing or answering the complaint and for leave to serve a late answer.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, the cross motion is denied, and the matter is remitted…