Jerrick Waterproofing Co. v. Park Plaza Owners Corp.

—In consolidated actions, inter alia, to recover damages for breach of contract, the defendant third-party plaintiff, Park Plaza Owners Corp., appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated September 30, 1997, which denied its motion pursuant to CPLR 3215 for judgment against New York Surety Company, upon the latter’s default in answering the third-party complaint, and granted New York Surety Company’s cross motion to compel the appellant to accept service of its answer.

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is…