Opinion
2003-06041.
December 6, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 28, 2003, which denied his motion, purportedly pursuant to CPLR 5015 (a) (1), to vacate a judgment dismissing the complaint.
Before: H. Miller, J.P., Crane, Spolzino and Fisher, JJ., concur.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion to vacate the judgment dismissing his complaint because the record reveals that the dismissal of the complaint was correctly granted on statute of limitations grounds and was not granted on the plaintiff's default.