Legal Opinion
Wood v. Ford
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1980PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously vacated, without costs, in accordance with the following memorandum: For lack of jurisdiction County Court erred in entertaining defendant’s motion to vacate the default judgment entered in City Court. The fact that a transcript of the judgment had been filed with the County Clerk for enforcement purposes did not make it a County Court judgment. Thus, a motion to vacate the judgment must be made to the court that rendered it (CPLR 5015, subd [a]; Brenner v Arterial Plaza, 29 AD2d 815; Weichert v Kirnie, 16 AD2d 744; Matter of Voccola v Shilling, 88 Misc 2d 103, 105-109, affd…
2Cases cited4 opinions
- Voccola v. ShillingNew York Supreme Court · 1976
- Voccola v. ShillingAppellate Division of the Supreme Court of the State of New York · 1977
- Brenner v. Arterial Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
- Weichert v. KirnieAppellate Division of the Supreme Court of the State of New York · 1962
3Cited by6 opinions
- Commissioner of Labor v. HinmanAppellate Division of the Supreme Court of the State of New York · 1984
- NEW YORK STATE COM'R OF TAXATION v. FrionaDistrict Court of Appeal of Florida · 2005
- Cappiello v. ICD PublicationsDistrict Court, E.D. New York · 2012
- LESNIAK, HILARY v. WELLS FARGO BANK NAAppellate Division of the Supreme Court of the State of New York · 2014
- Commissioner of Labor v. Eagle Comtronics, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.