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HUTCHINSON BURGER, INC. v. BRADSHAW

3749, 302046/11.

149 A.D.3d 545 (2017)

2017 NY Slip Op 02935

50 N.Y.S.3d 267

HUTCHINSON BURGER, INC., et al., Appellants, v. KATHLEEN R. BRADSHAW, Respondent, et al., Defendants.

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

Decided April 18, 2017.

The proper vehicle for defendant to challenge the October 2012 order, which was granted on her default, was a motion to vacate a default order under CPLR 5015 (a) (1), and not a motion for renewal or reargument under CPLR 2221 (d) and (e) (see Country Wide Home Loans, Inc. v Dunia, 138 A.D.3d 533, 533 [1st Dept 2016] ["The court properly denied plaintiff's motion since the prior order was granted on default, and the proper remedy...

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