7 Cited authorities

  1. Woodson v. Mendon Leasing Corp.

    100 N.Y.2d 62 (N.Y. 2003)   Cited 653 times

    35 May 6, 2003. Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered December 20, 2001, which affirmed (1) an order of the Supreme Court (Howard Silver, J.), entered April 10, 2001, in Bronx County, granting a motion by nonparty respondent fro vacatur of a default judgment in the amount of $4,172,705.63, for restitution of $2.916,715.42 paid by the nonparty respondent pursuant to the default judgment and for leave

  2. Matter of McKenna v. County of Nassau

    61 N.Y.2d 739 (N.Y. 1984)   Cited 77 times

    Decided January 17, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEO F. McGINITY, J. Edward G. McCabe, County Attorney ( Robert O. Boyhan of counsel), for appellant. Marc D. Matles for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. The errors alleged by the County of Nassau on the motion to vacate the prior judgment do not constitute grounds for relief under CPLR 5015. Special Term abused its discretion

  3. Oppenheimer v. Westcott

    47 N.Y.2d 595 (N.Y. 1979)   Cited 83 times
    In Oppenheimer v. Westcott, 47 N.Y.2d 595, 602-603 (1979), the Court of Appeals concluded that "it was an abuse of discretion as a matter of law to require that a litigant seeking to attack a judgment directly, proceed instead by the much more rigid and, therefore, more difficult and hazardous independent action route.
  4. Civil Serv. Bar Assn. v. N Y City

    64 N.Y.2d 188 (N.Y. 1984)   Cited 50 times
    Considering plaintiffs' claim that union did not represent them fairly when settling group salary grievance with City
  5. Bond v. Giebel

    956 N.Y.S.2d 267 (N.Y. App. Div. 2012)   Cited 7 times

    2012-12-13 Randy BOND, Respondent, v. Daniel GIEBEL et al., Defendants. Progressive Insurance Company, Proposed Intervenor–Appellant. (Action No. 1.) Randy Bond, Respondent, v. Progressive Insurance Company, Appellant, et al., Defendant. (Action No. 2.) Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Sarah B. Brancatella of counsel), for proposed intervenor-appellant in action No. 1 and appellant in action No. 2. Robert J. Krzys, Amsterdam, for respondent. STEIN Burke, Scolamiero, Mortati & Hurd

  6. Ladd v. Stevenson

    112 N.Y. 325 (N.Y. 1889)   Cited 250 times
    In Ladd v. Stevenson (112 N.Y. 325) EARL, J., said: "The whole power of the court to relieve from judgments taken through `mistake, inadvertence, surprise or excusable neglect' is not limited by section 724; but in the exercise of its control over its judgments it may open them upon the application of anyone for sufficient reason in the furtherance of justice.
  7. De Leon v. New York City Transit Authority

    406 N.E.2d 442 (N.Y. 1980)   Cited 5 times

    Argued March 21, 1980 Decided April 29, 1980 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS RUSSELL JONES, J. Albert A. Juron for appellants. John A. Murray and Helen R. Cassidy for respondent. GABRIELLI, J. On August 17, 1970, the infant plaintiff, Jose De Leon, was seriously injured when he slipped and fell between two moving subway cars while riding on a train operated by defendant, the New York City Transit Authority. Alleging that the accident