Hershel Breier v Congregation Zemach David of New Square

Breier v Congregation Zemach David of New Sq. 2006 NY Slip Op 04376 [30 AD3d 363] Decided on June 6, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
2005-10558 DECISION & ORDER

[*1]Hershel Breier, et al., appellants,

v

Congregation Zemach David of New Square, respondent. (Index No. 966/02)




Solomon Rosengarten, Brooklyn, N.Y., for appellants.
Melito & Adolfsen, P.C., New York, N.Y. (Louis G.
Adolfsen, Steven M. Christman, and Paul
F. McAloon of counsel), for
respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Sherwood, J.), dated September 27, 2005, which granted the defendant's motion, inter alia, to vacate a judgment of the same court entered October 18, 2004, upon its default in appearing or answering, which, after an inquest, was in favor of them and against the defendant in the principal sum of $250,000.

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion, inter alia, to vacate the default judgment (see CPLR 5015[a][1]; Seccombe v Serafina Rest. Corp., 2 AD3d 516; Perez v Linshar Realty Corp., 259 AD2d 532, 533; cf. LaBella v Willis Seafood, 296 AD2d 382).
ADAMS, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court