Somersault, Inc. v. Holmes Protection, Inc.

—Order; Supreme Court, New York County (Ira Gammerman, J.), entered March 31, 1994, which denied plaintiff’s motion pursuant to CPLR 5015 (a) to vacate a prior order, same court and Justice, entered on or about June 28, 1993, which dismissed plaintiff’s action for failure to comply with a prior conditional order of dismissal for failure to provide discovery, entered on or about May 27, 1993, unanimously reversed, on the law, without costs, the plaintiff’s motion granted and the complaint reinstated without prejudice to the IAS Court’s consideration of defendants’ cross-motions.

Dismissal of…