Continental Bank v. J.D.S. Vendor Services, Inc.

In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Lockman, J.), dated September 25, 1991, as denied its motion to vacate a judgment of the same court (Roberto, J.), entered February 21, 1991, treating it as a motion for leave to renew the plaintiffs motion for summary judgment.

Ordered that the appeal is dismissed, with costs.

The defendant’s motion, denominated as one to vacate a prior judgment of the same court and treated by the court as one for renewal of the plaintiffs…