IBM Corp. v. Camp, Dresser & McKee, Inc.

—In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Benson, J.), entered December 6, 1990, which granted the motion of the defendant Ninnie Construction Corp. to vacate a judgment entered upon its default in answering.

Ordered that the order is affirmed, with costs.

The plaintiff IBM Corporation commenced this action to recover damages allegedly caused to its Poughkeepsie premises by a leakage in its waste water treatment facility, which was designed by Camp, Dresser & McKee, Inc. (hereinafter CDM) and…