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NYCTL 1998-1 TRUST v. PROL PROPERTIES CORP.

18 A.D.3d 525 (2005)

795 N.Y.S.2d 96

NYCTL 1998-1 TRUST et al., Plaintiffs, v. PROL PROPERTIES CORP., Respondent, and CITY OF NEW YORK, Appellant, et al., Defendants.

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

May 9, 2005.

Ordered that the order dated October 20, 2003, is reversed, on the law, with costs, the motion is granted, and the amended judgment is vacated.

The Supreme Court erred in denying the motion of the defendant City of New York to vacate an amended judgment on the ground that the City had appeared in the action. A party appears in an action by serving and filing a notice of appearance or an answer or by making a motion that serves to extend the time to answer (see...

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