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RESNICK v. LEBOVITZ

28 A.D.3d 533 (2006)

813 N.Y.S.2d 480

DAVID RESNICK et al., Plaintiffs, v. YECHIEL LEBOVITZ et al., Defendants and Third-Party Plaintiffs-Respondents. MARKO SPECIALTY, INC., Third-Party Defendant-Appellant.

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

April 11, 2006.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the motion for leave to enter a default judgment in the principal sum of $35,000 is denied, the motion to vacate the default is granted, and the order is modified accordingly.

The third-party complaint is based on allegations that the third-party defendant, Marko Specialty, Inc. (hereinafter Marko), warrantied that the work it performed...

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