Appellate Division of the Supreme Court of the State of New York April 23, 2001 (Gringer v. Midcoast Mortgage Corp.)

—In an action to recover commissions, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Oliver, J.), dated March 28, 2000, as granted the plaintiff’s motion, in effect, to vacate an order of the same court, dated October 28, 1999, granting its motion pursuant to CPLR 3126 to dismiss the complaint upon the plaintiff’s default in opposing