| Amalgamated Bank v Helmsley-Spear, Inc. |
| 2015 NY Slip Op 05510 [25 NY3d 1098] |
| June 25, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 5, 2015 |
| Amalgamated Bank, Respondent, v Helmsley-Spear, Inc., Defendant, and Schneider & Schneider, Inc., et al., Intervenors-Appellants. |
Argued June 1, 2015; decided June 25, 2015
Amalgamated Bank v Helmsley-Spear, Inc., 109 AD3d 418, affirmed.
Herrick, Feinstein LLP, New York City (Christopher J. Sullivan, William R. Fried and Marisa A. Leto of counsel), for intervenors-appellants.
Emmet, Marvin & Martin, LLP, New York City (Tyler J. Kandel and Mordecai Geisler of counsel), for respondent.
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.{**25 NY3d at 1100}
The intervenors lacked standing to bring a motion to vacate the default judgment.[*2]"To seek relief from a judgment or order, all that is necessary is that some legitimate interest of the moving party will be served and that judicial assistance will avoid injustice" (Oppenheimer v Westcott, 47 NY2d 595, 602 [1979] [internal quotation marks and citation omitted]). Here, however, the intervenors did not meet the second prong of that test because they failed to identify any facts that give rise to a claim that injustice of any kind would be avoided by vacating the judgment (cf. Bond v Giebel, 101 AD3d 1340, 1342-1343 [3d Dept 2012], appeal dismissed, lv dismissed 21 NY3d 884 [2013]; Lane v Lane, 175 AD2d 103, 105-106 [2d Dept 1991]).
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.
Order, insofar as appealed from, affirmed, with costs, in a memorandum.