§Why CasetextPricing

Amalgamated Bank, Respondent,v.Helmsley-Spear, Inc., Defendant, Schneider & Schneider, Inc., et al., Appellants.

Brief

12 Cited authorities

  1. Woodson v. Mendon Leasing Corp.

    100 N.Y.2d 62 (N.Y. 2003)   Cited 1,101 times
    In Woodson v Mendon Leasing Corp. (100 NY2d 62, 71 [2003]), we left open the question of whether non-compliance with this requirement is a jurisdictional defect that "renders a default judgment a 'nullity.'"

  2. Matter of McKenna v. County of Nassau

    61 N.Y.2d 739 (N.Y. 1984)   Cited 114 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 89 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 53 times
    Considering plaintiffs' claim that union did not represent them fairly when settling group salary grievance with City

  5. Bond v. Giebel

    101 A.D.3d 1340 (N.Y. App. Div. 2012)   Cited 11 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. Marlinski v. Marlinski

    111 A.D.3d 1268 (N.Y. App. Div. 2013)   Cited 8 times

    2013-11-8 George R. MARLINSKI, Plaintiff–Respondent, v. Nancy A. MARLINSKI, Defendant–Appellant. Law Offices of Steven H. Grocott, West Seneca (Steven H. Grocott of Counsel), for Defendant–Appellant. Michael J. Stachowski, P.C., Buffalo (Michael J. Stachowski of Counsel), for Plaintiff–Respondent. Law Offices of Steven H. Grocott, West Seneca (Steven H. Grocott of Counsel), for Defendant–Appellant. Michael J. Stachowski, P.C., Buffalo (Michael J. Stachowski of Counsel), for Plaintiff–Respondent.

  7. Citibank v. Keller

    133 A.D.2d 63 (N.Y. App. Div. 1987)   Cited 25 times

    August 3, 1987 Appeal from the Supreme Court, Westchester County (Weiner, J.). Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, and the default judgments are vacated. We find that the appellant is an "interested person" within the meaning of CPLR 5015 (a) who has standing to bring a motion to vacate the default judgments entered against the defendant Horst Keller, her former husband. Pursuant to a divorce judgment, the appellant was awarded exclusive

  8. Lane v. Lane

    175 A.D.2d 103 (N.Y. App. Div. 1991)   Cited 19 times

    July 1, 1991 Appeal from the Supreme Court, Kings County (Held, J.). Ordered that the orders are affirmed, with one bill of costs. In February 1985 the infant plaintiff, Andrew Lane, was injured in a fire which occurred in residential premises located on Bushwick Avenue in Brooklyn. The infant's mother, the plaintiff Beverly Lane, commenced this personal injury action on behalf of her son and herself against the owners of the building. The building was owned by the plaintiff's uncle William Lane

  9. Ladd v. Stevenson

    112 N.Y. 325 (N.Y. 1889)   Cited 266 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.

  10. Hensey Properties, Inc. v. Lamagna

    23 A.D.2d 742 (N.Y. App. Div. 1965)   Cited 13 times

    April 20, 1965 Order, entered on December 5, 1963, unanimously modified, on the law, on the facts, and in the exercise of discretion, to provide that the motion to vacate the default of the defendant in answering be conditioned upon payment by defendant to plaintiffs at office of plaintiffs' attorneys, within 10 days after service of copy of order entered hereon, with notice of entry, the sum of $760 heretofore offered by defendant to cover plaintiffs' expenses, and in addition $250 costs, plus the

  11. Section 500.22 - Motions for permission to appeal in civil cases

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.22   Cited 43 times

    (a) Filing and notice. In addition to the submission in digital format required by subsection 500.22(e) of this section, movant shall file an original and one copy of its motion, unless permitted to proceed pursuant to subsection 500.21(g), with proof of service of one copy on each other party. The motion shall be noticed for a return date in compliance with CPLR 5516 and subsection 500.21(b) of this Part. (b) Content. The motion shall be a single document, bound on the left, and shall contain in