ALVAREZ v. FIAT REALTY CORP.


157 A.D.2d 456 (1990)

Bertha Alvarez, Respondent, v. Fiat Realty Corporation, Respondent-Appellant, and Armor Elevator Co., Inc., Appellant-Respondent

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

January 4, 1990


Contrary to the arguments of the parties on appeal, the order on appeal was not a vacatur of a default order or the grant of reargument of a prior motion for dismissal, but vacatur of an order dismissing the complaint as a sanction for noncompliance with discovery under CPLR 3126. A court has the inherent power, in the interest of justice, to vacate a prior order (Matter of Allen v Murphy, 45 A.D.2d 693, 694 [1st Dept 1974]). The...

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