176-60 Union Turnpike, Inc. v. Howard Beach Fitness Center, Inc.

—Appeal from order, Supreme Court, New York County (Edward Lehner, J.), *328entered March 8, 1999, denying third-party defendant-appellant’s motions to vacate its default and for summary judgment dismissing the third-party complaint, unanimously dismissed, without costs.

Pursuant to CPLR 3217 (b), third-party plaintiff moved to discontinue the action and a full dismissal was ordered by the motion court. Accordingly, third-party defendant’s claims that the court improperly denied its motions are moot. Were we, however, to consider those claims, we would find them to be without merit. Third-party…