Cooper Tank & Welding Corp. v. Century Recycling of N.Y., LLC

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Mason, J.), dated January 29, 2002, as, in effect, granted that branch of the defendants’ motion which was to vacate so much of a judgment of the same court, dated December 13, 2001, as was in its favor and against the defendant Leo Bitetto, entered upon Bitetto’s failure to appear or answer, and to dismiss the complaint insofar as asserted against that defendant.

*517Ordered that the order is reversed insofar as appealed from, on the law, with…