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MARK v. LENFEST

3973, 601949/02.

80 A.D.3d 426 (2011)

914 N.Y.S.2d 141

ANDREW MARK, Individually, as a Shareholder of SMART TONE, INC., on Behalf of ALL SHAREHOLDERS OF SMART TONE, INC., Similarly Situated, and in the Right of SMART TONE, INC., Appellant, v. H.F. LENFEST et al., Respondents.

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

Decided January 4, 2011.

A CPLR 5015(a)(3) motion must be brought within a reasonable time (see e.g. Sieger v Sieger, 51 A.D.3d 1004, 1006 [2008], appeal dismissed 14 N.Y.3d 750 [2010]). Because there is a "policy favoring the finality of judgments" (Greenwich Sav. Bank v JAJ Carpet Mart, 126 A.D.2d 451, 453 [1987]), we reject plaintiff's argument that the...

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