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JIMENEZ v. BRENILLEE CORPORATION

48 A.D.3d 351 (2008)

852 N.Y.S.2d 94

GENESIS JIMENEZ, an Infant, by Her Mother and Natural Guardian, ANA DISLA, et al., Respondents, v. BRENILLEE CORPORATION, Defendant, and JESSEO REALTY LLC, Proposed Intervenor-Appellant.

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

Decided February 26, 2008.

Proposed intervenor Jesseo Realty acquired real property subject to plaintiffs' judgment lien, and then moved to intervene and vacate the judgment for lack of jurisdiction (CPLR 5015 [a] [4]) on the ground that the corporate defendant had not appeared by counsel, in violation of CPLR 321 (a). For purposes of this appeal, we assume without deciding that Jesseo is an "interested person" as that term is used in CPLR 5015 (a) and thus that it had standing to move to intervene...

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