Mims v. Perez

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated April 7, 2010, which denied his motion pursuant to CPLR 5015 (a) (1) and (3) to vacate a judgment of the same court dated October 27, 2009, which, upon his default in answering the complaint and after an inquest on damages, was in favor of the plaintiff and against him in the principal sum of $100,000.

Ordered that the order is affirmed, with costs.

The defendant failed to meet his burden of establishing the existence of fraud, misrepresentation, or…