Legal Opinion
Oppenheimer v. Westcott
New York Court of Appeals
Decided July 10, 1979PublishedCited by 71 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
The issues required to be resolved on this appeal are whether Harold Bernstein and other defendants (hereafter "Bernstein defendants”), in the second action referred to below, are "interested parties” within the meaning of CPLR 5015 (subd [a]) who may move to vacate the default judgment against Hancock Securities Corporation, obtained in the first action referred to below, and if so, whether the judgment should be vacated by reason of the fraud or misconduct of Norman Oppenheimer, plaintiff in both actions. We hold that the Bernstein defendants are interested…
2Cases cited5 opinions
- Fuhrmann v. FanrothNew York Court of Appeals · 1930
- Nathan v. ZierlerAppellate Division of the Supreme Court of the State of New York · 1928
- Bardach v. Mayfair-Flushing Corp.New York Supreme Court · 1966
- O'Neil v. MecciaNew York Supreme Court · 1939
- Spencer Kellogg & Sons, Inc. v. BushNew York Supreme Court · 1961
3Cited by71 opinions
- Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
- Wilson v. Galicia Contr. & Restoration Corp.New York Court of Appeals · 2008
- Boorman v. DeutschAppellate Division of the Supreme Court of the State of New York · 1989
- Crain Communications, Inc. v. HughesNew York Court of Appeals · 1989
- Rockland Bakery, Inc. v. B.M. Baking Co.Appellate Division of the Supreme Court of the State of New York · 2011
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