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NIKITA v. PARFOMAK

43 A.D.3d 892 (2007)

841 N.Y.S.2d 635

SAMUEL NIKITA et al., Appellants, v. JOHN N. PARFOMAK et al., Respondents.

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

Decided September 11, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendants' motion which was, in effect, for leave to reargue (see CPLR 2221 [d]) and, upon reargument, properly, in effect, denied that branch of the plaintiffs' prior motion which was for leave to enter a default judgment against the defendant Kyonk Parfomak and in deeming his answer timely served. The defendant Kyonk Parfomak's delay...

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