United States Second Circuit

Order vacating default judgment as void is affirmed because corporation taking default failed to appear through counsel, damages were awarded without hearing, no inquest was held, recissory damages are not available, the amount was excessive, and there was evidence of collusion on default. Dismissal of fraudulent conveyance actions are affirmed because without an uncollected judgment as a predicate, there could be no such causes of action.

Appellate Information

• Decided 04/04/2006
• Published 04/04/2006

Judges

• POOLER, Circuit Judge., CARDAMONE, CABRANES, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sidney Bender and Risa Bender, Leventritt Lewittes & Bender, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Robert Fryd and Donna Levinsohn, Warshaw Burstein Cohen Schlesinger & Kuh, LLP, New York, NY, for Non-Party Movant-Defendant-Appellee Bank Leumi Trust Company of New York., David T. Azrin and Harvey Schwartz, Gallet Dreyer & Berkey, LLP, New York, NY, for Non-Party Movants-Defendants-Appellees David Mack, the Estate of Leo V. Berger, Apex Marine Corp., Harvey Schwartz, Phyllis Sepe and Sigmund Kassap, Trustee of the Leo V. BergerGrantor Trust No. 1 as Personal Representative of the Estate of Leo V. Berger.