Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. PHILIP GREENBERG, Appellant, v. DAVID BERMAN and Others, Respondents. (Appeal No. 1.) Appeal from order granting motion to open default dismissed, without costs, it appearing that the action has been tried upon the merits since the opening of the default. Kelly, P.J., Rich, Jaycox, Manning and Kapper, JJ., concur.