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PEREZ v. 1790-1792 THIRD AVE. LLC

Index No. 29976/17E. Appeal No. 16838. Case No. 2021-03003.

211 A.D.3d 492 (2022)

179 N.Y.S.3d 229

2022 NY Slip Op 07011

Ignacio Perez, Plaintiff, v. 1790-1792 Third Avenue LLC, et al., Defendants. Rock Group NY Corp., Third-Party Plaintiff-Respondent, v. Cuetes Corp., Third-Party Defendant-Appellant.

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Law Office of Hector M. Roman, PC, Richmond Hill ( Hector M. Roman of counsel), for appellant.

Malapero Prisco & Klauber LLP, New York ( Brian M. Healy of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Singh, Moulton, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Kim Adair Wilson, J.), entered July 16, 2021, which, after a traverse hearing, denied third-party defendant's motion to vacate a default judgment, unanimously affirmed, without costs.

The court providently exercised its discretion in denying the motion to vacate, as third-party defendant failed to provide a reasonable excuse for its default (see CPLR 5015[a][1]; Carroll v Nostra Realty Corp., 54 A...

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