Appellate Division of the Supreme Court of the State of New York November 20, 2007 (Roberts v. Anka)

In an action, inter alia, to recover damages for fraud and conversion, the plaintiff appeals, as limited by his brief, from (1) so much of an order of the Supreme Court, Queens County (Agate, J), entered February 21, 2006, as granted those branches of the defendant’s motion which were pursuant to CELR 317 and 5015 (a) (1) and (3) to vacate a judgment of the same court which is in favor of the