Chevalier v. 368 E. 148th Street Associates, LLC

I dissent and would reverse the order granting Notias’s motion to renew and, upon renewal, vacating a prior order dismissing Notias’s third-party complaint against Triboro and denying Triboro’s cross motion for summary judgment dismissing the third-party complaint as against it. I would not reach the question of whether a proper basis for renewal was established as Notias did not in any event establish a reasonable excuse for its default.

As Notias defaulted with respect to Triboro’s cross motion (another defendant in the main action had moved for summary judgment dismissing the complaint…