Jefferson Heights Quarry, Inc. v. Fort Pike Associates

—Order unanimously affirmed with costs. Memorandum: Supreme Court denied the motion by defendant Harmer-Hill General Contractors, Inc. (Harmer-Hill) to vacate a judgment for lack of jurisdiction pursuant to CPLR 5015 (a) (4). That judgment *985was entered following a successful appeal by plaintiff to this Court (see, Jefferson Hgts. Quarry v Fort Pike Assocs., 191 AD2d 972, lv denied 82 NY2d 658). The court erred in concluding that it lacked jurisdiction over the motion to vacate pursuant to CPLR 5015 (a). Indeed, in Matter of McKenna v County of Nassau (61 NY2d 739, 741-742), the Court of…