Morrison Cohen, LLP v. Fink
Cases that cite this one
3 later published cases cite this decision.
- Matter of New York Civ. Liberties Union v. New York State Off. of Ct. Admin. (Appellate Division of the Supreme Court of New York 2024)
- Martinez v. Nguyen (Appellate Division of the Supreme Court of New York 2013)
- Martinez v. Nguyen (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendant’s argument, that the order appealed from was also an exercise of the motion court’s discretion based on CPLR 5015 (a) (1) (excusable default) and the court’s inherent authority (see Woodson v Mendon Leasing Corp., 100 NY2d 62, 68 [2003]), is equally unavailing. Even if we assume that, in the order appealed from, the court held that vacatur was required based on CPLR 5015 (a) (1), such holding would itself violate the law of the case, as, in its December 7, 2010 order, the court implicitly, if not explicitly, rejected defendant’s CPLR 5015 arguments based on lack of proper service, and that order was affirmed by this Court.
We have reviewed the parties’ remaining contentions and find them unavailing. Concur — Mazzarelli, J.R, Saxe, Moskowitz, Freedman and Manzanet-Baniels, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.