Rubin v. Boorstein

Intervening petitioner (Guaranty) appeals from an order denying its motion to vacate a default judgment entered in favor of plaintiffs (Rubin and Weis) against defendant (Boorstein). Guaranty contends that it was a necessary and indispensable party to the litigation between Rubin and Weis and Boorstein and that the judgment entered in Guaranty’s absence is null and void.

The following pertinent facts appear in the record.

Rubin and Weis filed a complaint against Boorstein in which they alleged that they entered into an agreement to sell certain stock to Guaranty. The agreement was attached to…