Wu v. Kao

—In an action to recover on a promissory note, brought by motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, the defendant appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated May 7, 1991, which, inter alia, denied his motion to vacate a prior judgment of the same court entered December 31, 1990.

Ordered that the order is modified, on the law, by deleting the second decretal paragraph thereof and substituting therefore a provision granting the defendant’s motion to vacate the judgment entered December 31, 1990, only to the extent that the provision…