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Utica Mutual Ins. v. East End Pools Courts

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 526 (N.Y. App. Div. 2000)

Opinion

Submitted February 23, 2000.

April 13, 2000.

In an action, inter alia, for a judgment declaring that the plaintiff had a duty to defend and indemnify the defendants East End Pools Courts, Inc., Recreational Concepts, Inc., and Bartholomew Torpey, in an action entitled Gerulaitis v. Recreational Concepts, Inc., pending in the Supreme Court, New York County, under Index No. 113586/95, the defendant Aldona Gerulaitis, as Executor of the estate of Vitas Gerulaitis, appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated February 16, 1999, which denied, based on lack of jurisdiction, her motion pursuant to CPLR 5015(a)(4) to vacate a judgment of the same court entered July 24, 1997, declaring that the plaintiff had no obligation to defend and indemnify the defendants East End Pools Courts, Inc., Recreational Concepts, Inc., and Bartholomew Torpey.

Weitz Luxenberg, P.C., New York, N.Y. (Jillian Rosen and Lawrence Goldhirsch of counsel), for appellant.

L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N Y (Gary Petropoulos of counsel), for respondent.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellant is barred from raising the claim that the Supreme Court rendered a judgment in the absence of necessary parties (see, Schwartz v. Public Administrator of County of Bronx, 24 N.Y.2d 65, 69 ). In any event, the Supreme Court had jurisdiction to render a judgment in this action. Accordingly, the Supreme Court properly denied the appellant's motion to vacate the judgment based on lack of jurisdiction (see,CPLR 5015[a][4]).


Summaries of

Utica Mutual Ins. v. East End Pools Courts

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 526 (N.Y. App. Div. 2000)
Case details for

Utica Mutual Ins. v. East End Pools Courts

Case Details

Full title:UTICA MUTUAL INSURANCE COMPANY, respondent, v. EAST END POOLS COURTS…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 526 (N.Y. App. Div. 2000)
706 N.Y.S.2d 353

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