Thursday, October 27, 2016

Vacatur in the interest of substantial justice.

Practice point:  The Appellate Division affirmed that, even though the default was unexplained, the motion court providently exercised its discretion in granting vacatur in the interest of substantial justice. The relief was justified by defendants' payment of substantially all of the amount due just two months after the order and judgment they sought to vacate. In addition, plaintiffs do not claim prejudice.

Case:  Marbru Assoc. v. White, NY Slip Op 06864 (1st Dep't October 20, 2016)

Here is the decision.

Tomorrow's issue: Disqualification of an attorney as an advocate-witness.