Plaintiff's papers in support of its motion for a default judgment failed to provide any confirmation of its allegation that defendant agreed to reimburse plaintiff for payments which plaintiff made under an appeal bond issued on behalf of a nonparty (CPLR 3215[f]; see, Joosten v. Gale, 129 A.D.2d 531, 535). Indeed, the unsigned document that plaintiff claims constitutes such agreement, which is in the form of a letter from defendant to plaintiff and which is marked "DRAFT", tends to show that there may have been no finalized agreement. Under the present circumstances, the granting of defendant's cross motion to vacate his default in answering was a proper exercise of discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.