By Duffy, J.P.; Maltese, Christopher, Landicino, JJ.
EBRAHIM SALEH, ETC., app, v. HUDSON 418 RIVER RD., LTD., ET AL., res — (Index No. 526794/19) Madu, Edozie & Madu, P.C., Bronx, NY (Uche Emelumadu of counsel), for appellant. Ameri Law Firm, New York, NY (Nima Ameri of counsel), for respondents. In an action, inter alia, for declaratory relief, the plaintiff appeals from an order of the Supreme Court, Kings County (Leon Ruchelsman, J.), dated May 27, 2020. The order, insofar as appealed from, granted those branches of the defendants’ motion which were pursuant to CPLR 5015(a) to vacate so much of an order of the same court dated February 26, 2020, as granted the plaintiff’s unopposed motion, among other things, for a preliminary injunction, and denominated as one for leave to reargue the plaintiff’s prior unopposed motion, which had been granted in the order dated February 26, 2020, and, upon reargument, in effect, vacated so much of the order dated February 26, 2020, as granted the plaintiff’s prior unopposed motion, and thereupon denied the plaintiff’s prior unopposed motion, and denied the plaintiff’s cross-motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendants. ORDERED that the order dated May 27, 2020, is reversed insofar as appealed from, on the law, with costs, those branches of the defendants’ motion which were pursuant to CPLR 5015(a) to vacate so much of the order dated February 26, 2020, as granted the plaintiff’s unopposed motion, inter alia, for a preliminary injunction, and denominated as one for leave to reargue the plaintiff’s prior unopposed motion are denied, and the plaintiff’s cross-motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendants is granted. In July 2019, the plaintiff, individually, and derivatively on behalf of Kobas and Salih Realty, Inc. (hereinafter Kobas and Salih Realty), commenced this action against the defendants, alleging, inter alia, causes of action for injunctive and declaratory relief and to recover damages for fraud and conversion arising out of a dispute regarding ownership of certain real property located in Brooklyn (hereinafter the property). The plaintiff moved, inter alia, for a preliminary injunction restraining and enjoining the defendants during the pendency of the action from taking any action to complete a sale or transfer of 100% of the shares of Kobas and Salih Realty to the defendant Hudson 418 River Rd., Ltd., including exercising ownership and control over Kobas and Salih Realty and/or its assets, including the property. In an order dated December 11, 2019, the Supreme Court, among other things, granted the plaintiff’s request for a temporary restraining order pending a hearing on the plaintiff’s motion, inter alia, for a preliminary injunction. By order dated February 26, 2020 (hereinafter the February 2020 order), the court, among other things, upon the defendants’ counsel’s default in appearing for oral argument, granted the plaintiff’s motion. Thereafter, the defendants moved, inter alia, pursuant to CPLR 5015(a) to vacate so much of the February 2020 order as granted the plaintiff’s unopposed motion, among other things, for a preliminary injunction and for what they denominated as for leave to reargue the plaintiff’s unopposed motion. The plaintiff opposed the motion and cross-moved pursuant to CPLR 3215 for leave to enter a default judgment against the defendants based on their failure to answer the complaint. In support of the cross-motion, the plaintiff contended, inter alia, that the defendants were served with the summons and complaint, that the defendants informally appeared in the action, but failed to file an answer to the complaint, and that the defendants’ time to file an answer had since expired and had not been extended. In an order dated May 27, 2020, the Supreme Court, inter alia, granted those branches of the defendants’ motion which were pursuant to CPLR 5015(a) to vacate so much of the February 2020 order as granted the plaintiff’s unopposed motion, among other things, for a preliminary injunction and denominated as one for leave to reargue the plaintiff’s unopposed motion and, upon reargument, in effect, vacated so much of the February 2020 order as granted the plaintiff’s unopposed motion, and thereupon denied the plaintiff’s unopposed motion, and denied the plaintiff’s cross-motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendants. The plaintiff appeals.
