Darlind Construction, Inc. v. Prism Solar Technologies, Inc.

— In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated April 23, 2012, which denied its motion for leave to enter a judgment on the issue of liability against the defendant, upon the defendant’s default in answering, and, in effect, granted the defendant’s cross application to compel the plaintiff to accept its late answer.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, in effect, granted the defendant’s cross application to compel the plaintiff to accept…