Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to enter judgment against the defendant Eustin Rodriguez upon his default in appearing and deeming that defendant's answer served. The defendant proffered a reasonable excuse for the default, the police accident report indicated the existence of questions of fact as to culpability, and there was no prejudice to the plaintiffs...
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