Amalgamated Bank v Helmsley-Spear, Inc, 25 NY3d 1098 (2015)

2015 NY Slip Op 05510 [25 NY3d 1098]
June 25, 2015
Court of Appeals

[*1]

malgamated Bank, Respondent,
v
Helmsley-Spear, Inc., Defendant, and Schneider & Schneider, Inc., et al., Intervenors-Appellants.

Argued June 1, 2015; decided June 25, 2015

Amalgamated Bank v Helmsley-Spear, Inc., 109 AD3d 418, affirmed.

{**25 NY3d at 1099} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.{**25 NY3d at 1100}

The intervenors lacked standing to bring a motion to vacate the default judgment.[*2]“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.