Stivala v. Board of Trustees of the New York District Council of Carpenters Health & Welfare Fund

In an action to vacate a judgment by confession, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated March 19, 2007, as denied, as untimely, their motion for summary judgment dismissing the complaint and the plaintiff cross-appeals, as limited by his brief, from so much of the same order as denied his motion for summary judgment on the complaint.

Ordered that the order is reversed insofar as cross-appealed from, on the law, and the plaintiffs motion for summary judgment on the complaint is granted; and it is…