Judge Gerald Lebovits. Courtesy photo. Decision of the Day: Company's Principal in Attorney-Fee Collection Case Is Not Personally Liable Under CPLR 3213
This ruling was selected and summarized by the New York Law Journal's decisions editors.
February 27, 2023 at 12:02 PM
2 minute read
Plaintiff law firm Kucker Marino Winiarsky & Bittens claimed it was entitled to fee collection from defendant pursuant to its judgment against nonparty NAB 2002 Realty because defendant is the LLC's principal member.
In 2022, the instant court granted plaintiff's motion under CPLR 3213 for summary judgment in lieu of complaint against defendant. After plaintiff apparently restrained defendant's bank account, defendant brought the instant motion to vacate the judgment and to compel plaintiff to accept an untimely answer.
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