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CRYSTAL RUN SAND & GRAVEL, INC. v. MILNOR CONSTRUCTION CORP.

301 A.D.2d 491 (2003)

752 N.Y.S.2d 894

CRYSTAL RUN SAND & GRAVEL, INC., Respondent, v. MILNOR CONSTRUCTION CORP. et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 13, 2003.

Ordered that the appeal from the judgment is dismissed, as no appeal lies from a judgment entered upon default (see CPLR 5511); and it is further,

Ordered that the order is reversed, on the facts and as a matter of discretion, the motion is granted, and the judgment is vacated; and it is further,

Ordered that the one bill of costs is awarded to the appellants.

The Supreme Court improvidently exercised its discretion in denying the appellants...

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