RUKEYSER v. RICHARDSON


43 A.D.3d 815 (2007)

840 N.Y.S.2d 872

HOWARD RUKEYSER, Appellant, v. LEACROFT RICHARDSON, Respondent, et al., Defendant.

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

Decided September 4, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court has inherent discretionary power to vacate a default which is not subject to the one-year limitation in CPLR 5015 (see Ray Realty Fulton, Inc. v Lee, 7 A.D.3d 772, 773 [2004]). Here, the Supreme Court providently exercised its discretion in granting that branch of the motion of the defendant Leacroft Richardson which was to vacate his...

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