Opinion
2332.
November 25, 2003.
Order, Supreme Court, New York County (Richard Braun, J.), entered November 14, 2002, which granted third-party defendant's motion to dismiss the third-party complaint, unanimously affirmed, with costs.
Daniel A. Cohen, for Plaintiffs-Appellants, Defendants/Third-Party.
Matthew J. McMahon, for Third-Party Defendant-Respondent.
Before: Buckley, P.J., Tom, Ellerin, Gonzalez, JJ.
Third-party plaintiffs, who were the primary insurer and counsel for a defendant who defaulted in a personal injury action brought by third-party defendant's client, do not identify a "`chronic, extreme pattern of legal delinquency'" (Schindler v. Issler Schrage, 262 A.D.2d 226, 228, lv dismissed 94 N.Y.2d 791) warranting civil sanctions against third-party defendant for having allegedly deceived the court into granting the default.
The appropriate forum for hearing this complaint was the court where the default was litigated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.