Appellate Division of the Supreme Court of the State of New York March 28, 2005 (Philippi v. Metropolitan Transportation Authority)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kdtzes, J.), dated February 20, 2004, which denied his motion pursuant to CBLR 5015 (a) (1) to vacate a prior order of the same court dated September 25, 2003, granting, without opposition, the defendants’ motion for summary judgment dismissing the complaint.