Allison v. State Painting & Decorating Co.

OPINION OF THE COURT

Peter Tom, J.

In this motion defendants seek an order (1) vacating the default judgment entered against them, (2) dismissing the complaint as against defendant Cushman & Wakefield Co., Inc., and (3) for summary judgment in favor of defendant State Painting & Decorating Co., Inc.

This is an action for services rendered and goods sold and delivered to defendants. Since the amount demanded by the plaintiff is less than $6,000 this case was tried before an arbitrator pursuant to 22 NYCRR 28.2 (b). The arbitrator *798dismissed plaintiffs causes of action as against defendant Cushman…