Platinum Funding Corp. v. Blue Ocean Lines

Full title: PLATINUM FUNDING CORP., Respondent, v. BLUE OCEAN LINES, INC., et al.…

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

Date published: Apr 2, 1998

249 A.D.2d 19 (N.Y. App. Div. 1998)

671 N.Y.S.2d 221

Opinion

April 2, 1998

Appeal from Supreme Court, New York County (Stuart Cohen, J.).

The motion to vacate the judgment was properly denied on the ground that having been paid and satisfied, the judgment was extinguished, and that there was therefore nothing to vacate (see, H.D.I. Diamonds v. Frederick Modell, Inc., 86 A.D.2d 561, appeal dismissed 56 N.Y.2d 645). In any event, the New Jersey judgment underlying the subject judgment is entitled to full faith and credit, and appellant was properly served with notice of the subject judgment's entry at its last known address, pursuant to CPLR 5403.

Concur — Sullivan, J.P., Rosenberger, Rubin and Tom, JJ.