Appellate Division of the Supreme Court of the State of New York October 30, 2007 (Hosten v. Oladapo)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated March 21, 2007, which denied his motion for leave to enter judgment against the defendant upon his default in appearing or answering and to set the matter down for an inquest on the issue of damages and deemed the defendant’s answer timely filed and