Legal Opinion
Chavoustie v. Shaad
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1987PublishedCited by 7 opinions
1Opinion of the Court
— 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 AD2d 1083; J. C. S. Design…
2Cases cited2 opinions
- Firemen's Fund Insurance v. DietzAppellate Division of the Supreme Court of the State of New York · 1985
- J. C. S. Design Associates, Inc. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by7 opinions
- Soldovieri v. FlackAppellate Division of the Supreme Court of the State of New York · 2013
- Stasiak v. ForlenzaAppellate Division of the Supreme Court of the State of New York · 2011
- Carlton v. VorosmartyAppellate Division of the Supreme Court of the State of New York · 1990
- Iadarola v. Orthopedic InstituteAppellate Division of the Supreme Court of the State of New York · 1998
- Leonard Johnson & Sons Enterprises, Ltd. v. Brighton Commons PartnershipAppellate Division of the Supreme Court of the State of New York · 1991
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