Third City Corp. v. Lee

In Third City Corp. v. Lee, 41 A.D.2d 611 [1973]) a tenant who had been evicted pursuant to a default final judgment sought to vacate the judgment, based on a claim of lack of personal jurisdiction, but did not seek to be restored to possession. The court, finding that the tenant was merely seeking to bolster his wrongful eviction action denied his application without prejudice to the tenant's seeking relief in his wrongful eviction action.