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WOODSON v. MENDON LEASING

100 N.Y.2d 62 (2003)

790 N.E.2d 1156

760 N.Y.S.2d 727

ZACHARY WOODSON, an Infant, by His Mother and Natural Guardian, TRACY WOODSON, et al., Appellants, v. MENDON LEASING CORPORATION et al., Defendants. AMERICAN TRANSIT INSURANCE COMPANY, Nonparty Respondent.

Court of Appeals of the State of New York.

Decided May 6, 2003.

Attorney(s) appearing for the Case

Mintz & Gold LLP, New York City (Lisabeth Harrison and Steven G. Mintz of counsel), and Rubert & Gross, P.C., Brooklyn, for appellants.

Friedman Kaplan Seiler & Adelman LLP, New York City (Eric Seiler and Lance J. Gotko of counsel), for nonparty respondent.

Judges SMITH, CIPARICK, WESLEY, GRAFFEO and READ concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

After plaintiff obtained a four million dollar default judgment against defendant truck driver in this personal injury action, Supreme Court granted the nonparty insurance carrier's motion to vacate the judgment. The Appellate Division affirmed, and on this appeal we consider whether the vacatur was proper.

I.

On February 2, 1990, four-year-old Zachary Woodson was walking along First Avenue in Manhattan...

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