SS Constantine & Helen's Romanian Orthodox Church of America v. Z. Zindel, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to vacate a confession of judgment arising out of a promissory note on the ground of fraud, the defendant appeals from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated October 16, 2006, as granted the plaintiffs motion to vacate an order dated January 12, 2006, granting the defendant’s motion for summary judgment dismissing the complaint upon the plaintiffs default in opposing the motion.
Ordered that the order dated October 16, 2006, is affirmed insofar as appealed from, with costs.
Pursuant to CPLR 5015 (a) (1), a court may vacate a…
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