Conch Associates, Inc. v. Mercury, Inc.

—In an action to *539recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), entered February 21, 1997, which, in effect, upon a motion of the defendant Mercury, Inc., for an extension of time to post a bond pursuant to CPLR 2004, sua sponte modified a previous order of the same court dated February 7, 1996, by deleting the provision thereof granting a motion of the defendant Mercury, Inc., to vacate a judgment entered against it upon its default in answering the complaint upon the condition, inter alia, that it post a bond,…