Kramer v. Edenwald Construction Co.

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about February 18, 1998, which, insofar as appealed from, granted plaintiffs’ motion to vacate their default in appearing for oral argument of third-party defendant’s motion for summary judgment dismissing all claims against third-party defendant, and, upon vacatur, denied such motion for summary judgment, unanimously affirmed, without costs.

Plaintiffs’ failure to appear for oral argument of third-party defendant’s motion for summary judgment was properly excused in view of plaintiffs’ timely submission of written…