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9111N. RENATO TEDESCO, PLAINTIFF, v. ECOBANK TRANSNATIONAL INCORPORATED, ETC. def — ANN G. KAYMAN, ESQ., Nonparty ap — HOWARD L. BLAU Nonparty res — ANN G. KAYMAN, NEW YORK, APPELLANT PRO SE. Marshall R. Isaacs, New York, for Charles A. D’Agostion, Jr., res — Order, Supreme Court, New York County (Sue Ann Hoahng, Special Referee), entered June 18, 2010, which denied nonparty Ann G. Kayman, Esq.’s motion to vacate a judgment, same court and Special Referee, entered on or about December 14, 2007, as modified by a judgment, same court and Referee, entered on or about December 30, 2007, insofar as the judgments were entered against her upon her default, unanimously reversed, on the law, without costs, the motion granted, and the judgments vacated as against Kayman.

The Special Referee correctly concluded that CPLR 5015(a)(3) is inapplicable here. Kayman alleged misconduct only on the part of nonparty Howard L. Blau, who is not an “adverse party” within the meaning of CPLR 5015(a)(3) (see Blumes v. Madar, 21 AD3d 518, 520 [2d Dept 2005]; see also Lins v. Lins, 98 AD2d 608, 608 [1st Dept 1983]).

 
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