Stridiron v. Jacob's Ladder Realty, L.L.C.

Order, Supreme Court, Bronx County (Mark Friedlander, J), entered January 10, 2006, which, upon reargument of a prior order of the same court and Justice, entered August 15, 2005, vacated third-party defendants’ default only to the extent of converting that third-party action to a cross claim in the main action, unanimously affirmed, without costs.

Third-party defendants’ “reargument” motion was properly treated as one for renewal, in light of facts brought to the IAS court’s attention for the first time since entry of the default judgment (see e.g. Mejia v Nanni, 307 AD2d 870 [2003]). While…