Appellate Division of the Supreme Court of the State of New York October 15, 2001 (DeVivo v. Sparago)

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Westchester County (Murphy, J.), entered August 28, 2000, which denied their motion for leave to enter judgment against the defendant Paul Guarino upon his failure to appear or answer, and (2) an order of the same court, entered February 9, 2001, which granted the motion of