WOOD v. FORD


78 A.D.2d 585 (1980)

Robert F. Wood, P. C., Respondent, v. Robert E. Ford, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 26, 1980


Order unanimously vacated, without costs.

Memorandum:

For lack of jurisdiction County Court erred in entertaining defendant's motion to vacate the default judgment entered in City Court. The fact that a transcript of the judgment had been filed with the County Clerk for enforcement purposes did not make it a County Court judgment. Thus, a motion to vacate the judgment must be made to the court that rendered it (CPLR 5015, subd [a]; Brenner v Arterial Plaza...

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