Opinion
No. 25819/2010.
2014-02-6
AMBROSINO CONSTRUCTION CORP., Plaintiff, v. Philip GALASSO, Silvana Galasso and Frank L. Galasso, as Trustee of the PDJ Irrevocable Trust, Defendants.
Lastly, this court finds that the defendant is not a proper party to move to reargue or to modify this court's prior decision granting summary judgment to defendant Silvana Galasso as he did not submit any papers in response to her motion or move for relief at that time. Unlike this defendant, Ms. Galasso first moved to vacate the default, then submitted an answer and then appeared for a deposition prior to moving for summary judgment. The defendant herein is in default, has not provided a proper basis to vacate his default and has not submitted to a deposition. Therefore, as Frank Galasso has not participated in any of the prior proceedings, the prior decision of this court granting summary judgment to Silvana Galasso cannot be amended to dismiss the action against the Trustee.