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STERN v. WARREN GEORGE, INC.

2010-03005.

82 A.D.3d 873 (2011)

918 N.Y.S.2d 355

MITCHELL STERN, Appellant, v. WARREN GEORGE, INC., et al., Defendants, and LILLY CONSTRUCTION CO., INC., Respondent.

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

Decided March 8, 2011.

Ordered that the order dated March 2, 2010, is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the respondent's motion which was pursuant to CPLR 317 to vacate the judgment entered upon its failure to appear or answer (see CPLR 317; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 142-143 [1986]; Taieb v Hilton Hotels Corp., 

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