Britvan v. Sutton & Edwards, Inc.

—In an action to recover a real estate broker’s commission, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated October 7,1994, which granted the defendant Herbert Agin’s motion to vacate a judgment of the same court, dated March 17, 1994, entered upon his default in answering the complaint and denied the plaintiff’s cross motion, inter alia, to sever the action against the defendant Herbert Agin.

Ordered that the order is affirmed, with costs.

When determining the plaintiff’s application for leave to enter a default judgment against the defendant…