From Casetext: Smarter Legal Research

Marinaccio v. Ratto

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 455 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Supreme Court, Nassau County (Widlitz, J.).


Ordered that the order is affirmed, with costs.

Special Term correctly determined that the plaintiffs' judgment, entered May 25, 1983, should not have been entered by the clerk and was, therefore, a nullity. Consequently, the motion to vacate was properly granted. Contrary to the plaintiffs' position, the record is devoid of any evidence that the validity of the May 25, 1983 judgment had been decided in their favor in an earlier action, and the doctrine of collateral estoppel is not applicable here.

We have considered the plaintiffs' other contentions and have found them to be without merit. Mangano, J.P., Brown, Weinstein and Kunzeman, JJ., concur


Summaries of

Marinaccio v. Ratto

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 455 (N.Y. App. Div. 1986)
Case details for

Marinaccio v. Ratto

Case Details

Full title:WILLIAM MARINACCIO et al., Appellants, v. VINCENT RATTO, Respondent, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 15, 1986

Citations

125 A.D.2d 455 (N.Y. App. Div. 1986)