Royal Agricola, S.A. v. F.D. Import & Export Corp.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), dated October 28, 2005, as granted the plaintiffs motion for leave to renew its prior motion to vacate its default in opposing the defendant’s motion to dismiss the complaint, which was determined in an order of the same court dated May 17, 2005, and upon renewal, vacated the prior determination, granted the plaintiffs motion to vacate its default, and restored the case to the calendar.

Ordered that…