Ebony Oil Corp. v. Brooks

— In an action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated May 17, 1982, which denied his application pursuant to CPLR 5015 (subd [a], par 3) to vacate and set aside an order of the same court dated March 23,1979, which directed, inter alia, that upon proof of filing of a note of issue, statement of readiness and compliance with the court rules, the case would be placed on the calendar for inquest, and upon such inquest that plaintiff recover judgment from defendant. Appeal dismissed, without costs or…