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Court Abused Its Discretion In Exercising Its Inherent Power to Grant a Motion to Vacate a Default Judgment More than a Year After the Judgment Was Entered (Five Years Here)

The Second Department determined Supreme Court should not have exercised its inherent power to vacate a default judgment more than one year after the judgment was entered (five years here):

Pursuant to CPLR 5015(a)(1), a court may relieve a party from a judgment on the ground of excusable default, if a motion for that relief is made within one year after service of a copy of the judgment with written notice of entry (see CPLR 5015[a][1]…). In addition, even after expiration of the one-year limitations period set forth in CPLR 5015, “a court may vacate its own judgment for sufficient reason and in the interests of substantial justice”… .

Here, to the extent the defendant sought to vacate the judgment against her pursuant to CPLR 5015(a)(1), that branch of her motion was untimely because it was not made within one year after service upon her of a copy of the judgment with notice of entry (see CPLR 5015[a][1]… ) . Further, contrary to the Supreme Court’s conclusion, the interests of substantial justice did not warrant vacating the judgment against the defendant in the exercise of the court’s inherent power … . Yung Chong Ho v Uppal, 2015 NY Slip Op 06132, 2nd Dept 7-15-15

 

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