Kitts v Blossom N., LLC

Kitts v Blossom N., LLC 2010 NY Slip Op 01116 [70 AD3d 1339] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Susan B. Kitts, Appellant,
v
Blossom North, LLC, Doing Business as Blossom North Nursing and Rehabilitation Center, Respondent. (Appeal No. 1.)

—[*1] Dutcher & Zatkowsky, Rochester (Miles P. Zatkowsky of counsel), for plaintiff-appellant.

Underberg & Kessler LLP, Canandaigua (Margaret E. Somerset of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered January 27, 2009. The order granted the motion of defendant to vacate two default judgments entered against it upon a certain condition.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Smith, J.P., Peradotto, Carni, Pine and Gorski, JJ.