Garry A. Upright Et Al. v. City Kingston Et Al‪.‬

Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered January 7, 1983 in Ulster County, which denied plaintiffs motion for the entry of a default judgment and granted defendants cross motion for leave to serve an answer. The pertinent facts as revealed in the moving and opposing papers are not in dispute. The instant action is based in negligence [96 A.D.2d 1012 Page 1013]