Amalgamated Bank v. Helmsley-Spear, Inc.

New York Court of Appeals

Amalgamated Bank v. Helmsley-Spear, Inc.

35 N.E.3d 480, 25 N.Y.3d 1098, 14 N.Y.S.3d 312

CourtNew York Court of Appeals

DecidedJune 25, 2015

StatusPublished

Cited by7 cases

This text of 35 N.E.3d 480 (Amalgamated Bank v. Helmsley-Spear, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amalgamated Bank v. Helmsley-Spear, Inc., 35 N.E.3d 480, 25 N.Y.3d 1098, 14 N.Y.S.3d 312 (N.Y. 2015).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

[1100]*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 facts that give rise to a claim that injustice of any kind would be avoided by vacating the judgment (cf. Bond v Giebel, 101 AD3d 1340, 1342-1343 [3d Dept 2012], appeal dismissed, lv dismissed 21 NY3d 884 [2013]; Lane v Lane, 175 AD2d 103, 105-106 [2d Dept 1991]).

Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Order, insofar as appealed from, affirmed, with costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

[1100]*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 facts that give rise to a claim that injustice of any kind would be avoided by vacating the judgment (cf. Bond v Giebel, 101 AD3d 1340, 1342-1343 [3d Dept 2012], appeal dismissed, lv dismissed 21 NY3d 884 [2013]; Lane v Lane, 175 AD2d 103, 105-106 [2d Dept 1991]).

Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Order, insofar as appealed from, affirmed, with costs, in a memorandum.

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Bluebook (online)

35 N.E.3d 480, 25 N.Y.3d 1098, 14 N.Y.S.3d 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amalgamated-bank-v-helmsley-spear-inc-ny-2015.

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