Pantaleon v. Ogilivie

In an action to recover damages for personal injuries, the defendant Marlon Ogilivie appeals from so much of an order of the Supreme Court, Kings County (M. Garson, J.), dated September 10, 2004, as granted that branch of the plaintiffs motion which was for leave to enter judgment against him upon his default in appearing or answering the complaint, and denied his cross motion to extend the time to answer and to compel the plaintiff to accept his late answer.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the branch of the…