In the matter at issue, Justice Wright presided at an assessment of damages, granted plaintiff's motion to set aside the jury's verdict therein, decided defendant's motion to reargue under the mistaken impression that no opposition had been submitted, and, subsequently, retired from the bench. Under the circumstances, Justice York properly treated Justice Wright's order as one entered on default and vacated it pursuant to CPLR 5015. Having done so, he then should have proceeded...
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