Simon v. Inzerillo Pools Ltd.

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Klein, J.), dated September 19, 2001, as, in effect, upon granting reargument, adhered to a prior determination in an order of the same court, dated August 6, 2001, granting the defendant’s motion to vacate a judgment entered against it upon its failure to appear or answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court granted the plaintiff leave to enter a judgment against the…