Marriott Corp. v. Rogers & Wells

Appellant Alavi Foundation of Iran seeks to vacate a judgment of the Supreme Court rendered after determination of an appeal by this court (81 AD2d 556). Appellant was not a party to that appeal. Appellant knew of the lawsuit before judgment was rendered. It deliberately stayed out of the lawsuit despite earnest efforts of defendant Rogers & Wells to bring it into the lawsuit. Appellant waited until an unfavorable judgment had been rendered and now seeks to set it aside. Appellant is not here pursuant to any court order or in response to any process. It could have made its position known and…