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Santangelo v. Estate of Goldman

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 79 (N.Y. App. Div. 1998)

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


Supreme Court properly denied defendants' motion to vacate the judgment. Even if we were to view defendants' motion as one seeking to limit enforcement of the judgment pursuant to CPLR 5240, the authority provided by that section is not sufficiently plenary to allow a court acting thereunder to reduce the judgment to the extent of an unadjudicated offset claimed by the judgment debtor ( see, Kolortron Sys. v. Casey, 118 A.D.2d 687, appeal dismissed 68 N.Y.2d 807).

Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.


Summaries of

Santangelo v. Estate of Goldman

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 79 (N.Y. App. Div. 1998)
Case details for

Santangelo v. Estate of Goldman

Case Details

Full title:TARZANA SANTANGELO, Respondent, v. ESTATE OF SOL GOLDMAN, Deceased, et…

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

Date published: Dec 8, 1998

Citations

256 A.D.2d 79 (N.Y. App. Div. 1998)
681 N.Y.S.2d 753

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