Appellate Division of the Supreme Court of the State of New York March 7, 2005 (Lerner v. Ayervais)

— In an action to recover damages for breach of an oral contract, the plaintiffs appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated October 22, 2002, which granted the defendant’s motion to vacate an order of the same court dated April 16, 2002, which struck her answer and counterclaims.