Hyperlawhypertext legal database Amalgamated Bank v. Helmsley-Spear, Inc. 25 N.Y.3d 1098

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Amalgamated Bank v. Helmsley-Spear, Inc.

25 N.Y.3d 1098 Court N.Y. Decision date 2015-06-25 English

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

Contents

Majority

p. 1098
[35 NE3d 480, 14 NYS3d 312]
Amalgamated Bank, Respondent, v Helmsley-Spear, Inc., Defendant, and Schneider & Schneider, Inc., et al., Intervenors-Appellants.
Argued June 1, 2015;
decided June 25, 2015
p. 1099
APPEARANCES OF COUNSEL
Herrick, Feinstein LLP, New York City (Christopher J. Sullivan, William R. Fried and Marisa A. Leto of counsel), for intervenors-appellants.
Emmet, Marvin & Martin, LLP, New York City (Tyler J. Rondel and Mordecai Geisler of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

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

p. 1100
The 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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