GARCIA v. MIRABEL


288 A.D.2d 343 (2001)

733 N.Y.S.2d 874

ORLANDO GARCIA, Respondent, v. ENRIQUE MIRABEL, Defendant. ALLCITY INSURANCE COMPANY, Nonparty Appellant.

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

Decided November 19, 2001.


Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court correctly determined that Allcity Insurance Company lacked standing to move to vacate the judgment entered against the defendant upon his failure to appear or answer (see, Schellenberg v Wiemann, 120 A.D.2d 659, 660; cf., Oppenheimer v Westcott, 47 N.Y.2d 595, 602; Lane v Lane...

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