§ 5015 — Relief from judgment or order

New York § 5015

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 50: Judgments Generally

Text

Rule 5015. Relief from judgment or order. (a) On motion. The court\nwhich rendered a judgment or order may relieve a party from it upon such\nterms as may be just, on motion of any interested person with such\nnotice as the court may direct, upon the ground of:\n 1. excusable default, if such motion is made within one year after\nservice of a copy of the judgment or order with written notice of its\nentry upon the moving party, or, if the moving party has entered the\njudgment or order, within one year after such entry; or\n 2. newly-discovered evidence which, if introduced at the trial, would\nprobably have produced a different result and which could not have been\ndiscovered in time to move for a new trial under section 4404; or\n 3. fraud, misrepresentation, or other misconduct of an adverse party;\nor\n 4. lack of jurisdiction to render the judgment or order; or\n 5. reversal, modification or vacatur of a prior judgment or order upon\nwhich it is based.\n (b) On stipulation. The clerk of the court may vacate a default\njudgment entered pursuant to section 3215 upon the filing with him of a\nstipulation of consent to such vacatur by the parties personally or by\ntheir attorneys.\n (c) On application of an administrative judge. An administrative\njudge, upon a showing that default judgments were obtained by fraud,\nmisrepresentation, illegality, unconscionability, lack of due service,\nviolations of law, or other illegalities or where such default judgments\nwere obtained in cases in which those defendants would be uniformly\nentitled to interpose a defense predicated upon but not limited to the\nforegoing defenses, and where such default judgments have been obtained\nin a number deemed sufficient by him to justify such action as set forth\nherein, and upon appropriate notice to counsel for the respective\nparties, or to the parties themselves, may bring a proceeding to relieve\na party or parties from them upon such terms as may be just. The\ndisposition of any proceeding so instituted shall be determined by a\njudge other than the administrative judge.\n (d) Restitution. Where a judgment or order is set aside or vacated,\nthe court may direct and enforce restitution in like manner and subject\nto the same conditions as where a judgment is reversed or modified on\nappeal.\n