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176-60 UNION TURNPIKE, INC. v. HOWARD BEACH FITNESS CENTER, INC.

271 A.D.2d 327 (2000)

706 N.Y.S.2d 875

176-60 UNION TURNPIKE, INC., Plaintiff, v. HOWARD BEACH FITNESS CENTER, INC., Doing Business as GOLD'S GYM, et al., Defendants and Third-Party Plaintiffs-Respondents. LEVIEN, DELISO, SONGER, P. C., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided April 20, 2000.

Pursuant to CPLR 3217 (b), third-party plaintiff moved to discontinue the action and a full dismissal was ordered by the motion court. Accordingly, third-party defendant's claims that the court improperly denied its motions are moot. Were we, however, to consider those claims, we would find them to be without merit. Third-party defendant in its motion to vacate the default presented no defense to the action, much less a meritorious one (see, Frenchy's Bar & Grill v...

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