Opinion
October 26, 1987
Appeal from the Supreme Court, Kings County (Williams, J.).
Ordered that the order is reversed, in the exercise of discretion, with costs, and the motion is denied.
We find that the respondent's motion to vacate the default judgment entered against him should have been denied. In his affidavit of merit, the respondent acknowledged an awareness of the hazardous condition which allegedly caused the plaintiff to sustain injuries, and additionally stated that his failure to correct the condition was "inadvertent". It is apparent that these allegations do not present a viable defense and, in fact, may constitute a concession of liability. Therefore, the respondent's purported affidavit of merit was deficient, and the respondent's motion to vacate the default judgment should have been denied. Mollen, P.J., Eiber, Kunzeman and Spatt, JJ., concur.