Fentin & Goldman v. Ito

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered June 21, 2002, which denied her motion to vacate a judgment of the same court dated April 18, 2002, which, upon her default in appearing for a preliminary conference, is in favor of the plaintiff and against her in the principal sum of $3,667, and for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to vacate the judgment…