Fernandez v. Town of Babylon

In an action, inter alia, to recover damages for personal injuries and wrongful death, the defendant/third-party defendant, Omni Recycling of Babylon, Inc., appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered January 23, 2012, which denied its motion pursuant to CPLR 5015 (a) (4) and 317 to vacate an order of the same court (Tanenbaum, J.) dated June 1, 2007, granting the unopposed motion of the defendant/third-party plaintiff, Town of Babylon, for leave to enter judgment against it on the issue of liability, upon its failure to answer the third-party…