Amalgamated Bank v. Helmsley-Spear, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.
*1100The intervenors lacked standing to bring a motion to vacate the default judgment. “To seek relief from a judgment or order, all that is necessary is that some legitimate interest of the moving party will be served and that judicial assistance will avoid injustice” (Oppenheimer v Westcott, 47 NY2d 595, 602 [1979] [internal quotation marks and citation omitted]). Here, however, the intervenors did not meet the second prong of that test because they failed to identify any…
2Cases cited2 opinions
- Oppenheimer v. WestcottNew York Court of Appeals · 1979
- Lane v. LaneAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by7 opinions
- Citimortgage, Inc. v. DulgeroffAppellate Division of the Supreme Court of the State of New York · 2016
- HSBC Bank USA, N.A. v. MinogueAppellate Division of the Supreme Court of the State of New York · 2022
- JP Morgan Chase Bank, N.A. v. WhiteAppellate Division of the Supreme Court of the State of New York · 2020
- JPMC Specialty Mortgage LLC v. EspadaAppellate Division of the Supreme Court of the State of New York · 2016
- Rojas v. RomanoffAppellate Division of the Supreme Court of the State of New York · 2020
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