Appellate Division of the Supreme Court of the State of New York November 8, 2004 (Bunch v. Dollar Budget, Inc.)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kelly, J.), dated December 5, 2003, which granted the defendant’s motion to extend the time to serve an answer and to compel him to accept it, and denied his cross motion, in effect, for leave to enter judgment against the defendant upon the default in appearing and