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HERSKOWITZ v. FRIEDLANDER

224 A.D.2d 305 (1996)

637 N.Y.S.2d 726

Mark Herskowitz et al., Respondents, v. Claire Friedlander, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1996

Under the present facts and circumstances, the IAS Court properly denied defendants' motion to set aside the judgment pursuant to CPLR 5015 (a) (3) and (4) made some six years after the judgment had been entered and nearly four years after the appeal therefrom was dismissed for failure to perfect.

Defendants may not attack the viability of a judgment by urging, so many years after the judgment, that a necessary party to...

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