Tuesday, February 7, 2017

Vacating a default judgment.

Practice point:  Pursuant to CPLR 5015 (a), a court may vacate a default judgment for excusable neglect; newly-discovered evidence; fraud, misrepresentation or other misconduct by an adverse party; lack of jurisdiction; or upon the reversal, modification or vacatur of a prior order.  However, CPLR 5015(a) does not provide an exhaustive list as to when a default judgment may be vacated, and a court may vacate its own judgment for sufficient reason and in the interests of substantial justice.

Case:  40 BP, LLC v. Katatikarn, NY Slip Op 00618 (2d Dep't February 1, 2017)

Here is the decision.

Tomorrow's issue:  Liability for injuries arising from a defective sidewalk, and city-owned tree wells.