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This entry was published on 2014-09-22
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SECTION 5015
Relief from judgment or order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50
Rule 5015. Relief from judgment or order. (a) On motion. The court
which rendered a judgment or order may relieve a party from it upon such
terms as may be just, on motion of any interested person with such
notice as the court may direct, upon the ground of:

1. excusable default, if such motion is made within one year after
service of a copy of the judgment or order with written notice of its
entry upon the moving party, or, if the moving party has entered the
judgment or order, within one year after such entry; or

2. newly-discovered evidence which, if introduced at the trial, would
probably have produced a different result and which could not have been
discovered in time to move for a new trial under section 4404; or

3. fraud, misrepresentation, or other misconduct of an adverse party;
or

4. lack of jurisdiction to render the judgment or order; or

5. reversal, modification or vacatur of a prior judgment or order upon
which it is based.

(b) On stipulation. The clerk of the court may vacate a default
judgment entered pursuant to section 3215 upon the filing with him of a
stipulation of consent to such vacatur by the parties personally or by
their attorneys.

(c) On application of an administrative judge. An administrative
judge, upon a showing that default judgments were obtained by fraud,
misrepresentation, illegality, unconscionability, lack of due service,
violations of law, or other illegalities or where such default judgments
were obtained in cases in which those defendants would be uniformly
entitled to interpose a defense predicated upon but not limited to the
foregoing defenses, and where such default judgments have been obtained
in a number deemed sufficient by him to justify such action as set forth
herein, and upon appropriate notice to counsel for the respective
parties, or to the parties themselves, may bring a proceeding to relieve
a party or parties from them upon such terms as may be just. The
disposition of any proceeding so instituted shall be determined by a
judge other than the administrative judge.

(d) Restitution. Where a judgment or order is set aside or vacated,
the court may direct and enforce restitution in like manner and subject
to the same conditions as where a judgment is reversed or modified on
appeal.