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VACA v. VILLAGE VIEW HOUSING CORPORATION

8821, 114747/09.

170 A.D.3d 619 (2019)

97 N.Y.S.3d 81

2019 NY Slip Op 02420

Robin B. Vaca, Respondent, v. Village View Housing Corporation et al., Defendants, and Fowler Equipment Company, Appellant/Third Party Plaintiff-Appellant. Whirlpool Corporation, Third-Party Defendant-Respondent.

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

Decided March 28, 2019.

Fowler was not entitled to relief under CPLR 5015 (a) (1) because the September 15, 2015 order granting Whirlpool's motion to dismiss was not entered on default. Fowler's counsel appeared in court on the return date and participated in oral argument on the motion, and nothing in the court's decision indicated that it was granting relief on default. Therefore, CPLR 5015 (a) (1) is inapplicable, and Fowler's only remedy was to have...

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