CAPITAL RESOURCES CO. v. PREWITT


24 A.D.3d 406 (2005)

805 N.Y.S.2d 116

CAPITAL RESOURCES CO., Respondent, v. JAMES PREWITT, et al., Defendants, and DIANA VACCARINO, Formerly Known as DIANA VACCARINO PREWITT, Appellant.

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

December 5, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant's motion was denominated a motion to vacate and set aside "the Default Judgment entered in the above entitled action." That judgment, however, was not entered on the appellant's default. The judgment followed service of the appellant's answer and the grant of the plaintiff's motion for summary judgment over her opposition. Indeed, the judgment of foreclosure and sale dated December...

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