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RESIDENTIAL BOARD OF MANAGERS OF 99 JANE STREET CONDOMINIUM v. ROCKROSE DEVELOPMENT CORP.

17 A.D.3d 194 (2005)

796 N.Y.S.2d 35

RESIDENTIAL BOARD OF MANAGERS OF THE 99 JANE STREET CONDOMINIUM, Plaintiff, v. ROCKROSE DEVELOPMENT CORP. et al., Defendants. ROCKROSE DEVELOPMENT CORP., et al., Third-Party Plaintiffs-Respondents, v. COSENTINI ASSOCIATES, LLP, et al., Third-Party Defendants, and NEW JERSEY WINDOW SALES, INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 14, 2005.

Denial of vacatur was an appropriate exercise of discretion in light of the failure of Window Sales to demonstrate a reasonable excuse for the default (CPLR 5015 [a] [1]; Dugan v Belik, 170 A.D.2d 746 [1991]). Service of process was properly made on this third-party defendant's designated agent by means of service upon the Secretary of State, and the records indicate that Window Sales was a viable corporation at the time. Nor did...

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