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...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.