• SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
  • Rivera, J.P.; Dickerson, Leventhal and Lott, JJ.
THOMAS VELLUCCI, ap, v. HOME DEPOT U.S.A., INC., res — (INDEX NO. 3248/11)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated May 25, 2012, as denied his motion for leave to enter a judgment on the issue of liability against the defendant, upon its default in appearing or answering, and granted that branch of the defendant's cross motion which was, in effect, to vacate its default in appearing or answering and pursuant to CPLR 3012(d) to compel the plaintiff to accept its late answer.