Paraschos v. Century 21 Metalios Real Estate, Inc.

In an action, inter alia, *708to recover unpaid commissions, the defendant appeals from an order of the Supreme Court, Queens County (Smith, J.), dated October 10, 1990, which denied its motion to strike the matter from the trial calendar and granted the plaintiffs cross motion to the extent of setting the matter down for trial.

Ordered that the order is affirmed, with costs.

The defendant moved to strike this case from the trial calendar on the ground that the plaintiff never properly moved to vacate her default in appearing at a status conference on December 11, 1989. The defendant alleged that…