| Matter of Mott Haven Improvement Group, L.P. v Rothermel |
| 2025 NY Slip Op 03139 [238 AD3d 607] |
| May 22, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Mott Haven Improvement Group, L.P.,
Respondent, v Kevin Rothermel, Respondent. Janet Transit, Inc., et al., Nonparty Appellants. |
Abrams Fensterman LLP, Lake Success (Keith W. Corso of counsel), for appellants.
Hinshaw & Culbertson LLP, New York (Karena J. Straub of counsel), for Mott Haven Improvement Group, L.P., respondent.
Motions and Orders
- Vacatur of Order
- No Jurisdictional Grounds to Vacate Judgment
Order and judgment (one paper), Supreme Court, Bronx County (Paul L. Alpert, J.), entered on or about March 8, 2024, denying nonparty appellants' motion to vacate a November 29, 2022 judgment of the court, unanimously affirmed, without costs.
The court correctly denied appellants' motion to vacate the judgment previously entered in this CPLR article 78 proceeding. There was no basis to vacate the judgment based on lack of jurisdiction (see Janet Transit, Inc. v Mott Haven Improvement Group LP, 231 AD3d 516, 517 [1st Dept 2024]). Nor were appellants' rights affected by the judgment (id.).
We have considered appellants' remaining arguments and find them unavailing. Concur—Webber, J.P., Moulton, Friedman, Gesmer, Michael, JJ.