Credit Acceptance Corp. v. Milord

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Battaglia, J.), dated November 21, 2013, which granted that branch of his unopposed motion which was to vacate a judgment of the same court entered September 26, 2013, upon his failure to appear or answer the complaint, and denied that branch of his unopposed motion which was, in effect, for summary judgment on his proposed counterclaims.

Ordered that the appeal from so much of the order as granted that branch of the defendant’s motion which was to vacate the judgment…