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IN THE BEGINNING ....

In Jimenez v. Brenillee Corp. , Jesseo Realty wanted to get involved in a lawsuit after it acquired property which was subject to a judgment held by Genesis Jimenez.

Jesseo sought to vacate the judgment for "lack of jurisdiction" on the grounds that its predecessor -- Brenillee Corp. -- had not appeared by counsel (as required by New York State law -- CPLR 321(a)).

When the Bronx County Supreme Court denied Jesseo's request, an appeal to the Appellate Division, First Department, followed. 

While Jesseo was an "interested" party, there was nothing in the record that supported Jesseo's contention that Brenillee had been unrepresented. Even if that had been the case, that would not have deprived the court of "jurisdiction" -- the power to hear the case -- and relief could issue against the entity on "default."

According to the AD1, while the purpose of the State law -- CPLR 321(a) -- was "to ensure that the corporation has a licensed representative who is answerable to the court," that statute didn't provide Jesseo with a basis for attacking the underlying judgment.

Apparently, Jesseo didn't get the Genesis of that decision.

To download a copy of the Appellate Division's decision, please use this link: Jimenez v. Brenillee Corp.  

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