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ALEXANDER v. NEW YORK CITY TRANSIT AUTHORITY

35 A.D.3d 772 (2006)

826 N.Y.S.2d 743

ERROL R. ALEXANDER et al., Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant and Third-Party Plaintiff-Appellant. L.A. WENGER CONTRACTING CO., INC., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided December 26, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant's motion to vacate a prior judgment of that court. The arguments advanced by the appellant did not constitute grounds for relief under either CPLR 5015 (a) or pursuant to the Supreme Court's inherent discretionary power to exercise control over its own judgments (see Matter of McKenna v County of Nassau, Off. of County Attorney,

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