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GEPP v. INT'L HARVESTER CO.

186 A.D.2d 418 (1992)

Francis Gepp et al., Plaintiffs, v. International Harvester Company et al., Defendants and Third-Party Plaintiffs-Appellants. Cooper Jarrett, Inc., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

October 13, 1992

It was within the discretion of the court to vacate the default of the third-party defendant (CPLR 5015 [a] [1]). In the circumstances presented, the bankruptcy-dissolution of the defaulting party, the default was excusable. This is analogous to law office failure (Bayer v Domino Media, 147 A.D.2d 413). Further, the court properly found a meritorious defense in that there does not appear...

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