Wehringer v. Brannigan

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about October 6, 1994, which granted defendant’s motion to vacate the default judgment against him and directed service of an answer within 30 days, unanimously modified, on the law, to dismiss the complaint and otherwise affirmed, without costs. Appeal from order of the same court and Justice, entered on February 28, 1995, which denied plaintiffs motion for reargument, unanimously dismissed as taken from a nonappealable paper. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

The…