Opinion
June 24, 1996
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the appeal by Carmine Sirico is dismissed as withdrawn; and it is further,
Ordered that the appeal by Cardon Brick Corp. is dismissed, as Cardon Brick Corp. is not aggrieved by the portion of the order appealed from ( see, CPLR 5511); and it is further,
Ordered that the order is affirmed insofar as appealed from by the appellant Ignazio Lettieri; and it is further,
Ordered that the respondents are awarded one bill of costs payable by the appellant Ignazio Lettieri.
The Supreme Court did not improvidently exercise its discretion in relieving the default of the third-party plaintiffs in responding to the third-party defendants' notice to admit ( see, CPLR 3123, 2005; Gutenplan v. Dauman, 154 A.D.2d 337). O'Brien, J.P., Sullivan, Florio and McGinity, JJ., concur.