Berry v. Aquila Realty Co.

In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Cowhey, J.), dated May 21, 2002, which, in effect, granted the motion of the defendants AF & F Community Builders, Inc., and James Fendt, sued herein as Fendt James, to vacate their default in appearing at a certification conference and to reinstate their answer and cross claims, and (2) a judgment of the same court (Nicolai, J.), dated January 10, 2003, which, upon an order of the same court dated December 17, 2002, granting the motion of the defendants AF…