Alexander v. New York City Transit Authority

In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated January 11, 2006, which denied its motion pursuant to CPLR 5015 (a) to vacate a judgment of the same court dated July 9, 2004 on the basis that the judgment failed to award defense costs.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant’s motion to vacate a prior judgment of that court. The arguments advanced by the appellant did not constitute…