Garcia v. Mirabel

Appellate Division of the Supreme Court of New York

Garcia v. Mirabel

288 A.D.2d 343, 733 N.Y.S.2d 874, 2001 N.Y. App. Div. LEXIS 11274

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

DecidedNovember 19, 2001

StatusPublished

This text of 288 A.D.2d 343 (Garcia v. Mirabel) 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

Garcia v. Mirabel, 288 A.D.2d 343, 733 N.Y.S.2d 874, 2001 N.Y. App. Div. LEXIS 11274 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, Allcity Insurance Company appeals from an order of the Supreme Court, Queens County (Durante, J.), dated October 25, 2000, which denied its motion pursuant to CPLR 5015 (a) (4) to vacate a judgment of the same court, dated June 13, 1994, entered upon the defendant’s failure to appear or answer.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court correctly determined that Allcity Insurance Company lacked standing to move to vacate the judgment entered against the defendant upon his failure to appear or answer (see, Schellenberg v Wiemann, 120 AD2d 659, 660; cf, Oppenheimer v Westcott, 47 NY2d 595, 602; Lane v Lane, 175 AD2d 103). O’Brien, J. P., Friedmann, Schmidt and Townes, JJ., concur.

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—In an action to recover damages for personal injuries, Allcity Insurance Company appeals from an order of the Supreme Court, Queens County (Durante, J.), dated October 25, 2000, which denied its motion pursuant to CPLR 5015 (a) (4) to vacate a judgment of the same court, dated June 13, 1994, entered upon the defendant’s failure to appear or answer.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court correctly determined that Allcity Insurance Company lacked standing to move to vacate the judgment entered against the defendant upon his failure to appear or answer (see, Schellenberg v Wiemann, 120 AD2d 659, 660; cf, Oppenheimer v Westcott, 47 NY2d 595, 602; Lane v Lane, 175 AD2d 103). O’Brien, J. P., Friedmann, Schmidt and Townes, JJ., concur.

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Bluebook (online)

288 A.D.2d 343, 733 N.Y.S.2d 874, 2001 N.Y. App. Div. LEXIS 11274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-mirabel-nyappdiv-2001.

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