Orix Credit Alliance, Inc. v. Grace Industries, Inc.

In an action, inter alia, to recover on a conditional-sale-contract note, the defendants appeal from an order of the Supreme Court, Queens County (Rutledge, J.), dated May 22,1995, which denied their motion to vacate a judgment of the same court, dated April 6, 1995.

Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, and the judgment is vacated.

On a prior appeal in this action, this Court determined that the plaintiff was entitled to an award of summary judgment on *503its first cause of action to recover the accelerated balance of a note from the…