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PRICHER v. CITY OF NEW YORK

251 A.D.2d 242 (1998)

674 N.Y.S.2d 674

David Pricher, Appellant, v. City of New York, Respondent

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

June 25, 1998

Given that the order to show cause to vacate the default was obtained within a year of defendant having been served with a copy of the order holding it in default, the IAS Court properly exercised its "inherent power to consider applications seeking relief from a default judgment made more than one year after entry of the default judgment" (Hunter v Enquirer/Star, Inc., 210 A.D.2d 32, 33). Further, it is clear that the default was...

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