Weissblumv.Mostafzafan Foundation of New York

Court of Appeals of the State of New YorkJun 7, 1983
59 N.Y.2d 815 (N.Y. 1983)

Decided June 7, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.

Vincent J. Syracuse for appellants.

Peter I. Livingston for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, defendant's motion to vacate its default denied and question certified answered in the negative for reasons stated in the dissenting memorandum of Justice ARTHUR MARKEWICH at the Appellate Division ( 90 A.D.2d 741).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.