IN RE: MOTT HAVEN IMPROVEMENT GROUP (2025)

Supreme Court, Appellate Division, First Department, New York.

IN RE: MOTT HAVEN IMPROVEMENT GROUP, L.P., etc., Petitioner–Respondent, v. Kevin ROTHERMEL etc., Respondent–Respondent. Janet Transit, Inc., et al., Nonparty-Appellants.

4425

Decided: May 22, 2025

Webber, J.P., Moulton, Friedman, Gesmer, Michael, JJ.

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.

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 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 A.D.3d 516, 517, 218 N.Y.S.3d 318 [1st Dept. 2024]). Nor were appellants’ rights affected by the judgment (id.).

We have considered appellants’ remaining arguments and find them unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network