Opinion
2156
November 12, 2002.
Order, Supreme Court, New York County (Louis York, J.), entered July 5, 2001, which granted defendant's motion to vacate a default judgment entered May 16, 2001, unanimously affirmed, without costs.
PATRICK J. MURRAY, for plaintiff-appellant.
ANDREW J. SPINNELL, for defendant-respondent.
Before: Nardelli, J.P., Mazzarelli, Saxe, Marlow, JJ.
Contrary to plaintiff's assertion, the law of the case did not preclude resolution of defendant's motion to vacate the default judgment entered against it. Defendant's prior motion was not disposed of on the merits to the extent that it sought vacatur.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.