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OPPENHEIMER v. WESTCOTT

47 N.Y.2d 595 (1979)

Norman B. Oppenheimer, Respondent, v. Jeffrey P. Westcott et al., Defendants; Hancock Securities Corporation, Appellant, and Harold P. Bernstein et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1979.

Attorney(s) appearing for the Case

Sidney S. Rosdeitcher and Colleen McMahon for Hancock Securities Corporation, appellant, and Harold P. Bernstein and others, intervenors-appellants.

Donald R. Larelli, Peter James Johnson and Asher Marcus for Kimmelman, Sexter & Sobel, intervenor-appellant.

Norman B. Oppenheimer, respondent pro se.

Judges JASEN, JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Chief Judge COOKE and Judge GABRIELLI dissent in part and vote to reverse both the denial of the motion to intervene and the motion to vacate the judgment in a memorandum.

MEYER, J.

The issues required to be resolved on this appeal are whether Harold Bernstein and other defendants (hereafter "Bernstein defendants"), in the second action referred to below, are "interested parties" within the meaning of CPLR 5015 (subd [a]) who may move to vacate the default judgment against Hancock Securities Corporation, obtained in the first action referred to below, and if so, whether the judgment...

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