Empire Chevrolet Sales Corp. v. Spallone

In an action, inter alia, to set aside a fraudulent conveyance, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated October 23, 2001, as granted that branch of the plaintiff’s motion which was, in effect, to vacate the plaintiff’s default in appearing at a court-ordered status conference and restore the action to the trial calendar.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the affidavits of the plaintiff’s attorney, who had personal knowledge of the…