Peterson v. Melchiona

—In an action to recover damages for personal injuries, the defendant Sky Haulage, Inc., appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated December 7, 1998, which granted that branch of the plaintiffs motion which was pursuant to CPLR 5015 (a) (3) to vacate an order of the same court, dated September 15, 1994, granting its prior motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, on the ground that the order was procured by fraud, misrepresentation, and other misconduct, and the plaintiff cross-appeals from so much…