Wells Fargo Bank v. Hodge
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A court has inherent power to vacate a judgment entered upon default “for sufficient reason and in the interests of substantial justice” (Woodson v Mendon Leasing Corp., 100 NY2d 62, 68 [2003]; see Mother of Alayon, 86 AD3d 644 [2011]). Under the circumstances of this case, the Supreme Court properly exercised its inherent power to relieve the defendant Joseph Callender (hereinafter the defendant) of his default *776based on evidence demonstrating that he was the victim of a scheme to defraud, in which he was induced to sign documents conveying his home to a “straw” buyer.
The plaintiff’s…
2Cases cited12 opinions
- Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
- Weiss v. Mayflower Doughnut Corp.New York Court of Appeals · 1956
- National Distillers & Chemical Corp. v. Seyopp Corp.New York Court of Appeals · 1966
- Janke v. JankeAppellate Division of the Supreme Court of the State of New York · 1975
- Janke v. JankeNew York Court of Appeals · 1976
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3Cited by16 opinions
- U.S. Bank National Ass'n v. LosnerAppellate Division of the Supreme Court of the State of New York · 2016
- Bank of Smithtown v. 219 Sagg Main, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Jiles v. ArcherAppellate Division of the Supreme Court of the State of New York · 2014
- Atlantic Casualty Insurance Co. v. CoffeyCourt of Appeals for the Second Circuit · 2013
- Wells Fargo Bank Minnesota, N.A. v. ColettaAppellate Division of the Supreme Court of the State of New York · 2017
11 more not listed; retrieve them via the Exa API.