East Island Ass'n v. Carbone

In an action to enforce a restrictive covenant, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), entered December 24, 1987, which denied its motion pursuant to CPLR 2221 to vacate an order of the same court, dated October 29, 1987, and entered upon its default, which dismissed the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

We find that the Supreme Court erred in its conclusion that the plaintiff sought reargument. Rather the plaintiff sought vacatur of the order dated October 29, 1987, entered upon its…