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KESSLER v. TAYEB

236 A.D.2d 372 (1997)

654 N.Y.S.2d 573

Vera Kessler, Appellant, v. Joseph Tayeb et al., Respondents. (Action No. 1.) Vera Kessler, Appellant, v. Solomon E. Antar et al., Respondents. (Action No. 2.)

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

February 3, 1997

Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, the court's denial of her motion, inter alia, to vacate the judgment in Action No. 1 constituted a provident exercise of the court's discretion (see, RPAPL 1531 [2]). Moreover, the complaint in Action No. 2 was properly dismissed for failure to state a cause of action (see, Rovello v Orofino Realty Co.,

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