Ferraro v. Balice Fashions, Inc.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Gagliardi, J.H.O.), entered November 19, 1989, which granted the defendants’ motion to vacate a judgment entered September 22, 1989, upon their default in appearing at an examination before trial, on condition that they appear for an examination before trial within a specified time period.

Ordered that the order is affirmed, with costs, and the time to conduct the examination before trial is extended until 30 days after service upon the defendants…