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MACALUSO v. MACALUSO

2013-00348

120 A.D.3d 1205 (2014)

991 N.Y.S.2d 772

2014 NY Slip Op 06064

ANTHONY N. MACALUSO, SR., a 50% Shareholder of S&M HEATING CORP., Suing in the Right of S&M HEATING CORP., Appellant, v. JOSEPH MACALUSO, as Executor of SANTO F. MACALUSO, JR., Deceased, Respondent, et al., Defendant.

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

Decided September 10, 2014.

Ordered that the order dated October 2, 2012 is affirmed insofar as appealed from, with costs.

Where there is no legal or equitable basis to enter a judgment against a particular party, such judgment must be vacated pursuant to CPLR 5015 (a) (4) (see Mazelier v 634 W. 135, LLC, 22 A.D.3d 361, 364 [2005]). Here, however, the judgment entered October 20, 2010 was properly issued, pursuant to an order dated June 18, 2010, against...

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