Bryan v Foreman
2003 NY Slip Op 51321(U)
Decided on October 1, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on October 1, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2002-1588 K C

MARJORIE E. BRYAN, Appellant,

against

HOWARD A. FOREMAN and ALICE LUTAN, Respondents.


[*2]Appeal by plaintiff from an order of the Civil Court, Kings County (P. Sweeney, J.), entered October 10, 2002, granting defendants' motion to vacate the default judgment.


Order unanimously affirmed without costs.

The court below properly exercised its discretion in granting defendants' motion to vacate the default entered against them upon their failure to appear for trial of this personal injury action, vacating the judgment subsequently entered after an inquest, and restoring the matter to the trial calendar. Defendants demonstrated a reasonable excuse for the default and a meritorious defense (see e.g. Roussodimou v Zafiriadis, 238 AD2d 568).
Decision Date: October 01, 2003