Rubinstein v. Goldman – Case Brief Summary (New York)

In Rubinstein v. Goldman, 225 AD2d 328, 328, 638 N.Y.S.2d 469 (1st Dept), lv. denied, 88 NY2d 815, 673 N.E.2d 1243, 651 N.Y.S.2d 16 (1996), the First Department held that the defendant's argument that the New Jersey judgment was obtained by "default in appearance" was without merit since the defendant, although he did not appear personally at the hearing, opposed plaintiff's application by letter, which the court deemed to be an answer.