Andelman v. Berardi

Iin an action to recover damages for personal injuries and wrongful death, the defendant appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated August 21, 2009, which granted the plaintiffs motion pursuant to CPLR 5015 (a) to vacate an order of the same court dated May 1, 2009, granting his motion for summary judgment dismissing the; complaint upon the plaintiffs default in opposing the motion and, upon vacatur, denied his motion for summary judgment dismissing the complaint.

Ordered that the order dated August 21, 2009, is affirmed, with costs.

To vacate the order dated…