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PEREZ v. 1790-1792 THIRD AVE. LLC

Index No. 29976/17E. Appeal No. 16838. Case No. 2021-03003.

211 A.D.3d 492 (2022)

179 N.Y.S.3d 229

2022 NY Slip Op 07011

Ignacio Perez, Plaintiff, v. 1790-1792 Third Avenue LLC, et al., Defendants. Rock Group NY Corp., Third-Party Plaintiff-Respondent, v. Cuetes Corp., Third-Party Defendant-Appellant.

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Law Office of Hector M. Roman, PC, Richmond Hill (Hector M. Roman of counsel), for appellant.

Malapero Prisco & Klauber LLP, New York (Brian M. Healy of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Singh, Moulton, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Kim Adair Wilson, J.), entered July 16, 2021, which, after a traverse hearing, denied third-party defendant's motion to vacate a default judgment, unanimously affirmed, without costs.

The court providently exercised its discretion in denying the motion to vacate, as third-party defendant failed to provide a reasonable excuse for its default (see CPLR 5015[a][1]; Carroll v Nostra Realty Corp., 54 A...

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