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YUAN ZHAI v. CHEM. BANK

180 Misc.2d 442 (1999)

689 N.Y.S.2d 366

Yuan Zhai, Plaintiff, v. Chemical Bank et al., Defendants.

Civil Court of the City of New York, New York County.

March 23, 1999

Attorney(s) appearing for the Case

William V. Armentano and David M. Green, Melville, for plaintiff. Hayes Finger & Wenick, P. C., New York City (David L. Wysnewski of counsel), for Mount Sinai Medical Center and others, defendants.

ROLANDO T. ACOSTA, J.

Plaintiff moves to vacate a Supreme Court order issued on March 17, 1998. The motion requires the court to resolve a novel question regarding Civil Court's jurisdiction: Does a Judge of the Civil Court possess the power under CPLR 2221 to vacate an order issued upon default by a Justice of the Supreme Court in an action which, although commenced in Supreme Court, has since been duly transferred...

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