Wong v. 2669 Owners Ltd.

Order, Supreme Court, New York County (Carol Edmead, J.), entered June 11, 2013, which granted defendant/third-party plaintiffs CPLR 4404 (b) posttrial motion to the extent of vacating an order and judgment (one paper), same court and Justice, entered March 14, 2013, ordering a new trial, and directing the reassignment of the matter to a different IAS Part, unanimously affirmed, without costs.

The motion court properly exercised its discretion in setting aside the order and judgment (see CPLR 4404 [b]; see also Stinton v Robin’s Wood, Inc., 45 AD3d 203, 207 [2d Dept 2007], lv denied 10 NY3d…