Czernicki v. Lawniczak

In an action pursuant to RPAPL article 9 for the partition of real property, the plaintiff appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Kings County (M. Garson, J.), dated October 18, 2004, which, inter alia, denied that branch of his cross motion pursuant to CPLR 5015 (a) (3). which was to vacate an order of the same court (Alfano, J.H.O.) dated September 11, 2000, granting the defendant’s motion to vacate a judgment of the same court (Belen, J.) entered November 20, 1998, which, upon the defendant’s default in answering the complaint or appearing…