Appellate Division of the Supreme Court of the State of New York January 15, 1998 (Guang Jing Chen v. Goldstein)

Order, Supreme Court, New York County (Beverly Cohen, J.), entered November 12, 1996, which granted plaintiffs motion to reargue a prior order granting defendants’ motion to dismiss the complaint pursuant to CPLR 3126 on default, and, upon reargument, adhered to the prior order, unanimously modified, on the law, to deem plaintiffs motion as one to vacate his default, and, so considered, the