Lamar-Robinson v. New Birth, Inc.

—In an action, inter alia, to set aside a deed, the defendant third-party plaintiff appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated January 23, 2001, which denied its motion for leave to enter judgment in its favor against the third-party defendant upon her failure to appear or answer in the third-party action, and for an inquest on damages at the time of the trial in the main action.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for the entry of an interlocutory…