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Chavoustie v. Shaad

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 532 (N.Y. App. Div. 1987)

Opinion

September 30, 1987

Appeal from the Supreme Court, Onondaga County, Tenney, J.

Present — Callahan, J.P., Doerr, Boomer, Balio and Lawton, JJ.


Order insofar as appealed from unanimously reversed on the law without costs, in accordance with the following memorandum: The court erred in imposing a money sanction as a condition of vacating a default judgment and by permitting the judgment to stand as security. When the court granted an order permitting defendant's counsel to withdraw, further proceedings were stayed pursuant to CPLR 321 (c). Since the default judgment was obtained during the stay, it was a nullity and should have been vacated without condition (see, Firemen's Fund Ins. Co. v. Dietz, 110 A.D.2d 1083; J.C.S. Design Assocs. v. Vinnik, 85 A.D.2d 572).


Summaries of

Chavoustie v. Shaad

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 532 (N.Y. App. Div. 1987)
Case details for

Chavoustie v. Shaad

Case Details

Full title:CAROL J. CHAVOUSTIE, Respondent, v. ROBERT B. SHAAD, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 30, 1987

Citations

133 A.D.2d 532 (N.Y. App. Div. 1987)

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