Appellate Division of the Supreme Court of the State of New York May 4, 2010 (Valentin v. City of New York)

In an action to recover damages for personal injuries, the defendant Steven Barreto appeals from an order of the Supreme Court, Kings County (Miller, J.), dated October 7, 2009, which denied his motion pursuant to CPLR 5015 (a) to vacate an order of the same court dated April 16, 2008, granting the plaintiffs unopposed motion for leave to enter judgment against him upon his failure to appear or