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MATTER OF 4042 EAST TREMONT CAFÉ CORP. v. SODONO

301469/08-260677/16. 10306N. 260292/17. 10305N. 10304.

177 A.D.3d 456 (2019)

112 N.Y.S.3d 122

2019 NY Slip Op 08163

In the Matter of 4042 East Tremont Café Corp., Appellant, v. Anthony Sodono, III, Appellant. Tosca Café, Inc., et al., Nonparty Appellants. In the Matter of Frank Berisha, Respondent, v. 4042 East Tremont Café Corp., Doing Business as Tosca Café, et al., Appellants. Frank Berisha, Respondent, et al., Plaintiff, v. Tosca Café, Inc., et al., Appellants. 4042 East Tremont Café Corp., Nonparty Appellant.

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

Decided November 12, 2019.

Supreme Court providently exercised its discretion in denying the Tosca corporations' and 4042 East Tremont's 2017 motions to vacate the August 2013 judgment against the Tosca corporations pursuant to CPLR 5015(a)(3) on the ground that they were not made within a reasonable time after discovering the alleged fraud (see Nash v Port Auth. of N.Y. & N.J., 22 N.Y.3d 220, 225 [2013];

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