Alliance Property Management & Development, Inc. v. Andrews Avenue Equities, Inc.
Cases that cite this one
59 later published cases cite this decision. The 25 that cite it most often are listed here.
- Small Engine Shop, Inc. v. Concetta Cangelosi Cascio, Don Hathaway (5th Cir. 1989)
- Gecaj v. Gjonaj Realty & Management Corp. (Appellate Division of the Supreme Court of New York 2017)
- Seven Acre Wood Street Associates, Inc. v. Wood (Appellate Division of the Supreme Court of New York 2001)
- Piacentini v. Mineola Union Free School District (Appellate Division of the Supreme Court of New York 1999)
- Martinez v. Otis Elevator Co. (Appellate Division of the Supreme Court of New York 1995)
- Tref Realty Corp. v. City of New York (Appellate Division of the Supreme Court of New York 1987)
- Adago v. Sy (Appellate Division of the Supreme Court of New York 2026)
- LG 2 Doe v. Jasinski (Appellate Division of the Supreme Court of New York 2021)
- HSBC Bank USA, National Association v. Sage (Appellate Division of the Supreme Court of New York 2016)
- Ju Eun Jang v. All Mobile Video, Inc. (Appellate Division of the Supreme Court of New York 2015)
- REILLY, JOHN v. CITY OF ROME (Appellate Division of the Supreme Court of New York 2014)
- Reilly v. City of Rome (Appellate Division of the Supreme Court of New York 2014)
- Reilly v. City of Rome (Appellate Division of the Supreme Court of New York 2014)
- Meyerson Capital V. v. Anderson (Appellate Division of the Supreme Court of New York 2013)
- Meyerson Capital V. v. Anderson (Appellate Division of the Supreme Court of New York 2013)
- Berardo v. Guillet (Appellate Division of the Supreme Court of New York 2011)
- Dickerson v. Thompson (Appellate Division of the Supreme Court of New York 2011)
- Quinones v. Long Island Jewish Medical Center (Appellate Division of the Supreme Court of New York 2011)
- Evolution Impressions, Inc. v. Lewandowski (Appellate Division of the Supreme Court of New York 2009)
- In re the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law (Appellate Division of the Supreme Court of New York 2009)
- Rugieri v. Bannister (N.Y. 2006)
- Armstrong Trading, Ltd. v. MBM Enterprises (Appellate Division of the Supreme Court of New York 2006)
- Rodriguez v. Ng (Appellate Division of the Supreme Court of New York 2005)
- Rosenkrantz v. Harriet M. Steinberg, P.C. (Appellate Division of the Supreme Court of New York 2004)
- Credit-Based Asset Servicing & Securitization, LLC v. Chaudry (Appellate Division of the Supreme Court of New York 2003)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In this mortgage foreclosure action brought by plaintiff (to which the City was a party, and filed a notice of appearance and waiver), the City moved to vacate the judgment of foreclosure and sale dated January 12, 1983, in favor of plaintiff, as mortgagee, involving a parcel of land in The Bronx. The City in its motion to vacate urged that in July 1984 it had acquired a tax deed to that same parcel. While the City’s motion initially was granted on default, upon reargument Special Term reinstated plaintiff’s judgment, concluding that the City’s tax foreclosure judgment came later; that plaintiff had not received adequate notice of the City’s proceeding; that plaintiff had a pending application to redeem; and that the City would suffer no prejudice if its motion were denied, since plaintiff’s sale of the parcel would in any event be subject to the City’s tax liens. A divided Appellate Division affirmed, noting particularly that the City failed to show that it will be prejudiced if the foreclosure sale goes forward, given that this sale is subject to the City’s tax liens, and that the City had established no ground warranting relief from the foreclosure judgment under CPLR 5015 (a). Recognizing that relief from a judgment is necessarily discretionary under CPLR 5015 (a), the City urges that its motion to vacate was instead premised on Supreme Court’s inherent power to vacate a judgment in the interest of justice, or its broad equity powers. Whether under CPLR 5015 (a), or as a matter of interest of justice or equity jurisdiction, it is plain from the decisions below that both lower courts rested their conclusions on an exercise of discretion.
*833 The Appellate Division is, of course, vested with the same power and discretion as Special Term, and can review a determination for abuse of discretion or substitute its own discretion, which is then reviewable by us only for abuse of discretion as a matter of law (Brady v Ottaway Newspapers, 63 NY2d 1031). No abuse of discretion is claimed by the City.
Thus, the only issue presented by the question certified to us was whether the Appellate Division had the power to award the relief it did. We conclude that the Appellate Division had that power, we answer the certified question in the affirmative, and we pass on no other issue (see, Serenity Homes v Town Bd., 37 NY2d 841).
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
Order affirmed, with costs, and certified question answered in the affirmative in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.