Di Carlo v. Bravo Tours, Inc.

In an action, inter alia, to recover damages for breach of contract, the defendant Spantax Airlines appeals from an order of the Supreme Court, Putnam County (Owen, J.), entered May 28, 1986, which denied its motion to vacate a default judgment of the same court entered October 28, 1985 against it.

Ordered that the order is reversed, with costs, the motion is granted, the default judgment is vacated and the plaintiffs’ complaint is dismissed insofar as it is asserted against the defendant Spantax Airlines.

The plaintiffs failed to take proceedings for the entry of a judgment within one year…