Evans v. Sandoval

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Dabiri, J.), dated October 25, 2013, which denied her motion pursuant to CPLR 3215 for leave to enter a judgment on the issue of liability against the defendant Lloy Anderson upon her failure to appear or answer and granted the cross motion of the defendant Lloy Anderson to deem her late answer timely served nunc pro tunc.

Ordered that the order is affirmed, with costs.

In light of the lack of prejudice to the plaintiff resulting from the respondent’s short delay in…