Opinion
Argued May 7, 2001.
May 29, 2001.
In an action to recover damages for personal injuries, etc., the defendant Michael Calabrese appeals from an order of the Supreme Court, Queens County (Milano, J.), dated May 19, 2000, which, inter alia, denied his motion pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him for failure to enter judgment against him within one year of his default.
Lewis, Johs, Avallone, Aviles Kaufman, LLP, Melville, N Y (Ann K. Kandel and Michael Kruzynski of counsel), for appellant.
Druckman, Raphan Sinel (Pollack, Pollack, Isaac DeCicco, New York, N Y [Brian A. Raphan and Brian J. Isaac] of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO and THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion.
O'BRIEN, J.P., ALTMAN, LUCIANO and ADAMS, JJ., concur.