Education Resources Institute, Inc. v. Hughes

In an action, inter alia, to recover on a promissory note, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Burke, J.), dated October 25, 2006, as denied that branch of its motion which was to vacate so much of a prior order of the same court dated June 1, 2006, as granted the defendant’s cross motion to dismiss the complaint pursuant to CFLR 3211 (a) (5), upon its default in responding to that motion.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

To be entitled to vacatur of the order…