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HOWELL v. CITY OF NEW YORK

7459. 16006/06.

165 A.D.3d 567 (2018)

86 N.Y.S.3d 57

2018 NY Slip Op 07178

Jay Howell, Appellant, et al., Plaintiffs, v. City of New York et al., Respondents.

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

Decided October 25, 2018.

Initially, we agree with plaintiff that Supreme Court exceeded its authority in sua sponte vacating its prior decision and prior order and reinstating the 2014 judgment. "[A] trial court has no revisory or appellate jurisdiction, sua sponte, to vacate its own order or judgment" (Adams v Fellingham, 52 A.D.3d 443, 444 [2d Dept 2008]). Although "a court may grant relief[] pursuant to a general...

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