Lambert v. Schreiber

In an action, inter alia, to recover damages for breach of a contract for the sale of real property and for specific performance of that contract, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated May 26, 2011, as denied his motion pursuant to CPLR 5015 (a) (3) to vacate a judgment of the same court entered April 25, 2007, upon his default in appearing or answering.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant previously moved pursuant to CPLR 5015 (a) (1) to vacate the…