GEPP v. INTERNATIONAL HARVESTER COMPANY

It was within the discretion of the court to vacate the default of the third-party defendant (CPLR 5015 [a] [1]). In the circumstances presented, the bankruptcy-dissolution of the defaulting party, the default was excusable. This is analogous to law office failure (Bayer v Domino Media, 147 A.D.2d 413). Further, the court properly found a meritorious defense in that there does not appear to be a basis for full indemnification as awarded by the default judgment, and a lack of prejudice to the third-party plaintiffs as the main action has not yet been tried.

Concur — Ellerin, J.P., Wallach, Ross, Kassal and Rubin, JJ.