Eugene Dilorenzo, Inc.v.A.C. Dutton Lumber

Appellate Division of the Supreme Court of New York, Third DepartmentAug 26, 1985
112 A.D.2d 1106 (N.Y. App. Div. 1985)

August 26, 1985

Motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR 5713, this court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did this court err as a matter of law, in reversing the order of Special Term which granted defendant Phil-Mar Lumber Corporation's motion to vacate a default judgment entered against it?" Mahoney, P.J., Main, Casey, Yesawich, Jr., and Levine, JJ., concur.