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STRUNK v. REVENGE CAB CORP.

2011-00494.

98 A.D.3d 1029 (2012)

950 N.Y.S.2d 595

2012 NY Slip Op 6205

KERRY STRUNK, Appellant, v. REVENGE CAB CORP. et al., Respondents.

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

September 19, 2012.

Ordered that the order entered November 18, 2010 is affirmed, with costs.

As argued by the plaintiff, and conceded by the defendants, the Supreme Court erred in denying the plaintiff's motion pursuant to CPLR 5015 (a) to vacate a prior order dated February 19, 2010, granting the defendants' motion for summary judgment dismissing the complaint upon the plaintiff's default in opposing the motion, on the procedural ground...

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