Opinion
April 20, 2000.
Appeal from order, Supreme Court, New York County (Edward Lehner, J.), entered March 8, 1999, denying third-party defendant's motions to vacate their default and for summary judgment dismissing the third-party complaint, unanimously dismissed, without costs.
Michael J. Spithogiannis, for third-party plaintiffs-respondents.
Edward R. Rimmels, for third-partydefendant-appellant.
ROSENBERGER, J.P., WILLIAMS, RUBIN, SAXE, BUCKLEY, JJ.
Pursuant to CPLR 3217(b), third-party plaintiff moved to discontinue the action and a full dismissal was ordered by the motion court. Accordingly, third-party defendant's claims that the court improperly denied its motions are moot. Were we, however, to consider those claims, we would find them to be without merit. Third-party defendant in its motion to vacate the default presented no defense to the action, much less a meritorious one (see, Frenchy's Bar Grill v. United Intl. Ins. Co., 251 A.D.2d 177). There was, in addition, no basis for summary judgment since triable issues of fact exist with respect to the issues of contribution and indemnification (see, 17 Vista Fee Assocs. v. Teachers Ins. Annuity Assn. of Am., 259 A.D.2d 75).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.