Eng v. Sichenzia

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from a judgment of the Supreme Court, Putnam County (Hickman, J.), entered July 30, 2003, which, upon an order of the same court dated June 3, 2003, granting the motion of the defendant Frank E. DeEsso pursuant to CPLR 5015 (a) (3) to vacate a prior order of the same court dated November 25, 2002, granting the plaintiffs’ ex parte motion for an extension of time within which to serve the summons and complaint upon Frank E. DeEsso on the ground that the prior order was procured by fraud,…