Citations

Full opinion text

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, defendant’s motion to vacate its default denied and question certified answered in the negative for reasons stated in the dissenting memorandum of Justice Arthur Markewich at the Appellate Division (90 AD2d 741).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, and Simons.