The defendants obtained summary judgment dismissing the complaint when the plaintiff failed to appear on the return of the motion. When the judgment was entered, the clerk struck from it the words "on the merits". More than a year later the plaintiff moved under CPLR 5015 to vacate the judgment on the ground of the defendants' fraud or, in the alternative, for a declaration that the judgment was not one on the merits. The Special Term properly granted neither relief. There...
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