New York Court of Appeals, 2015

Amalgamated Bank v. Helmsley-Spear, Inc.

New York Court of Appeals · Decided June 25, 2015 · Abdus, Fahey, Lippman, Pigott, Read, Rivera, Salaam, Stein

25 N.Y.3d 1098; 35 N.E.3d 480; 14 N.Y.S.3d 312

Cases that cite this one

7 later published cases cite this decision.

HSBC Bank USA, N.A. v. Minogue (Appellate Division of the Supreme Court of New York 2022)
JP Morgan Chase Bank, N.A. v. White (Appellate Division of the Supreme Court of New York 2020)
Rojas v. Romanoff (Appellate Division of the Supreme Court of New York 2020)
Rojas v. Romanoff (Appellate Division of the Supreme Court of New York 2020)
Matter of 4042 E. Tremont Café Corp. v. Sodono (Appellate Division of the Supreme Court of New York 2019)
Citimortgage, Inc. v. Dulgeroff (Appellate Division of the Supreme Court of New York 2016)
JPMC Specialty Mortgage LLC v. Espada (Appellate Division of the Supreme Court of New York 2016)

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

OPINION OF THE COURT

Memorandum.

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

*1100The 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.