Telly v. Telly

Order unanimously reversed on the law with costs, motion granted and judgment vacated. Memorandum: Supreme Court erred in determining that it lacked authority to grant plaintiffs motion to vacate the judgment annulling the parties’ marriage because the motion is not based upon any of the grounds enumerated in CPLR 5015 (a). “A court has inherent power, not limited by statute, to relieve a party from a judgment or order entered on default” (Town of Greenburgh v Schroer, 55 AD2d 602; accord, Ruben v American & Foreign Ins. Co., 185 AD2d 63, 67). We conclude, in light of the “liberal policy with…