Tender Care, Inc. v. Selin

In an action to recover damages for breach of contract and for an accounting, defendants Selin and Chemvet Laboratory Services, Inc., appeal from (1) an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 23, 1981, which granted plaintiff’s motion to restore the action to the Trial Calendar upon certain conditions, and (2) a further order of the same court (Di Paola, J.), dated January 7, 1982, which (a) denied their motion to strike plaintiff’s note of issue dated December 9, 1981, and (b) sua sponte vacated the judgment of dismissal entered December 8, 1981, upon the…