Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
The Supreme Court erred in granting the motion of the third-party defendant Cannon Contracting of NY, Inc. (hereinafter Cannon), to vacate its default in appearing or answering in the third-party action. Cannon failed to submit evidence establishing...
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