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LEVINE v. FORGOTSON'S CENTRAL AUTO & ELECTRIC, INC.

41 A.D.3d 552 (2007)

836 N.Y.S.2d 427

DONALD LEVINE et al., Appellants, v. FORGOTSON'S CENTRAL AUTO & ELECTRIC, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 12, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, the plaintiffs' motion pursuant to CPLR 3215 for leave to enter judgment against the defendant upon its default in appearing or answering the complaint is granted, those branches of the defendant's cross motion which were pursuant to CPLR 5015 (a) (1) to vacate its default in appearing or answering the complaint and for leave to serve a late answer...

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