You want to enforce that against who? A non-party?

Dune Deck Owners Corp. v J.J. & P. Assoc. Corp., 2011 NY Slip Op 05654 (2nd Dept. 2011)

Since the appellant, a nonparty to this action, was never served with the order to show cause and supporting papers by which the plaintiff sought relief against him, the Supreme Court had no power to award such relief (see Oakley v Albany Med. Ctr., 39 AD3d 1016, 1017; Riverside Capital Advisors, Inc. v First Secured Capital Corp., 28 AD3d 457, 460; Blake v LP 591 Ocean Realty, 237 AD2d 554). Accordingly, to the extent that the order awards relief against the appellant, it must be reversed.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: