KOLORTRON SYS., INC. v. CASEY


118 A.D.2d 687 (1986)

Kolortron Systems, Inc., Appellant, v. James Casey et al., Respondents

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

March 17, 1986


Order reversed, on the law, with costs, and motion denied.

Special Term, which did not issue the judgment from which the defendants ultimately sought relief more than a year after its entry, lacked authority to vacate that judgment and relieve the defendants of their default, which it, in effect, did (see, CPLR 5015 [a]; Siegel, NY Prac § 426). CPLR 5240 does not provide a court with a vehicle to grant such relief and it may not be employed in such a manner...

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