Legal Opinion
Yuan Zhai v. Chemical Bank
Civil Court of the City of New York
Decided March 23, 1999PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Rolando T. Acosta, J.
Plaintiff moves to vacate a Supreme Court order issued on March 17, 1998. The motion requires the court to resolve a novel question regarding Civil Court’s jurisdiction: Does a Judge of the Civil Court possess the power under CPLR 2221 to vacate an order issued upon default by a Justice of the Supreme Court in an action which, although commenced in Supreme Court, has since been duly transferred to Civil Court pursuant to CPLR 325 (d).
BACKGROUND AND CONTENTIONS OF THE PARTIES
After plaintiff commenced this action in Supreme Court in 1996, defendants…
2Cases cited13 opinions
- George W. Collins, Inc. v. Olsker-McLain Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Dalrymple v. Martin Luther King Community Health CenterAppellate Division of the Supreme Court of the State of New York · 1987
- Picinic v. Seatrain Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Huston v. RaoAppellate Division of the Supreme Court of the State of New York · 1980
- Scott v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- Bess v. Fordham Road Storage Partners, LLCNew York Supreme Court · 2003
- Philadelphia Indemnity Insurance v. Goggins-StarrNew York District Court · 2010
- Sedano v. CamposNew York District Court · 2003