Rochester City Court February 7, 2007 (Mathew v. Mosier)

*398OPINION OF THE COURT

Ellen M. Yacknin, J.

Introduction

Plaintiff in this action moves, pursuant to CPLR 5015 (a) (1), to vacate the court’s July 13, 2006 order denying his motion for summary judgment against defendant. Plaintiff’s motion alleged that defendant had failed to make payments on an installment promissory note that she entered into on October 16, 2002.