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ALEXANDER v. NEW YORK CITY TRANSIT AUTHORITY

70 A.D.3d 876 (2010)

893 N.Y.S.2d 885

ERROL R. ALEXANDER et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant/Third-Party Plaintiff-Respondent. L.A. WENGER CONTRACTING CO., INC., Third-Party Defendant-Respondent. (And a Fourth-Party Action).

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

Decided February 16, 2010.

Ordered that the order is affirmed, with costs.

The plaintiffs' attorney was served with a default judgment with notice of entry on September 3, 2004. Since the plaintiffs did not make their present motion, in effect, pursuant to CPLR 5015 (a) (1) to vacate so much of the default judgment as dismissed the complaint until more than four years after the default judgment was served upon their attorney, the motion was properly denied as untimely (see CPLR 5015...

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