National Enterprises Inc. v. Certilman

—In an action to recover on an instrument for the payment of money only commenced by service of a notice of motion in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Robbins, J.), entered December 21, 1995, which granted the defendant’s cross motion for summary judgment to dismiss the action upon the plaintiff’s default in opposing the cross motion, and (2) an order of the same court (Bucaria, J.), entered May 16,1996, which denied its motion denominated as one to "renew and reargue”, which was, in effect, to vacate the…