Albert Goetz-Haddad v Steven Worthman

Goetz-Haddad v Worthman 2004 NY Slip Op 09037 [13 AD3d 337] December 6, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 23, 2005

Albert Goetz-Haddad, Appellant,
v
Steven Worthman, Respondent.

—[*1]In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 28, 2003, which denied his motion, purportedly pursuant to CPLR 5015 (a) (1), to vacate a judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion to vacate the judgment dismissing his complaint because the record reveals that the dismissal of the complaint was correctly granted on statute of limitations grounds and was not granted on the plaintiff's default. H. Miller, J.P., Crane, Spolzino and Fisher, JJ., concur.