Marmarou v. Spartan Diner, Inc.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), dated December 12, 1996, which treated the plaintiffs motion which was, in effect, for renewal of his prior motion to restore the action to the trial calendar as a motion to vacate an order of the same court dated August 20, 1996, pursuant to CPLR 5015, and denied the motion.

Ordered that the order is reversed, with costs, the motion for renewal is granted, upon renewal, the order dated August 20, 1996, is vacated, and the plaintiff’s motion to…