Chase Manhattan Bank, U.S.A., N. A. v. Kassam

OPINION OF THE COURT

Michael D. Stallman, J.

Defendant moves for an order directing repayment of money paid on a subsequently vacated default judgment.

Is restitution available by postaction motion, or does it require a new plenary action? Is the relief sought barred, either by defendant’s failure to request it when moving to vacate the original default, or by the later arbitration decision which stated that it was res judicata as to unpleaded counterclaims?

FACTS

In 1993, plaintiff sued defendant for the balance on a credit card account. Plaintiff obtained a default judgment. Defendant claims…