Nafiu v Winthrop Estates Corp. (2004 NY Slip Op 00510)

Nafiu v Winthrop Estates Corp.

2004 NY Slip Op 00510 [4 AD3d 346]

February 2, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 21, 2004

Rasaq Nafiu, Appellant,
v
Winthrop Estates Corp. et al., Respondents, et al., Defendants.

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated April 21, 2003, which granted the motion of the defendants Winthrop Estates Corp., and Doris McLain to vacate their default in appearing or answering the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the motion of the defendants Winthrop Estates Corp. and Doris McLain to vacate their default in appearing in the action or answering the complaint (see Scarlett v McCarthy, 2 AD3d 623 [2003]). Florio, J.P., Krausman, Luciano, Townes and Rivera, JJ., concur.