Cohen v. Fink

Appellate Division of the Supreme Court of New York

Cohen v. Fink

84 A.D.3d 593, 922 N.Y.S.2d 777

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 2011

StatusPublished

This text of 84 A.D.3d 593 (Cohen v. Fink) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohen v. Fink, 84 A.D.3d 593, 922 N.Y.S.2d 777 (N.Y. Ct. App. 2011).

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Opinion

Appeal from order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 9, 2010, which conditionally granted defendant’s motion to vacate a default judgment awarding plaintiff $254,023.70, unanimously dismissed, with costs.

The court conditioned the grant of vacatur of the default judgment on defendant’s withdrawal of his appeal to this Court from the default judgment. This Court denied defendant’s motion to withdraw his appeal after the appeal was perfected. Because defendant failed to meet the motion court’s express condition for vacatur, the grant of vacatur never became effective. Concur — Tom, J.E, Catterson, Moskowitz and ManzanetDaniels, JJ.

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Appeal from order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 9, 2010, which conditionally granted defendant’s motion to vacate a default judgment awarding plaintiff $254,023.70, unanimously dismissed, with costs.

The court conditioned the grant of vacatur of the default judgment on defendant’s withdrawal of his appeal to this Court from the default judgment. This Court denied defendant’s motion to withdraw his appeal after the appeal was perfected. Because defendant failed to meet the motion court’s express condition for vacatur, the grant of vacatur never became effective. Concur — Tom, J.E, Catterson, Moskowitz and ManzanetDaniels, JJ.

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Bluebook (online)

84 A.D.3d 593, 922 N.Y.S.2d 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-fink-nyappdiv-2011.