Appellate Division of the Supreme Court of the State of New York December 2, 1985 (McNeill v. Lasala)

In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County (Gagliardi, J.),. entered May 15, 1984, which granted defendant’s motion to vacate his default in answering, vacated plaintiff’s note of issue for an inquest of damages, and directed plaintiff to accept the defendant’s proposed answer, which was deemed served as of the