Convenient Service Center, Inc. v. Badu

Order, Supreme Court, New York County (Charles Ramos, J.), entered February 4, 2003, which granted plaintiffs motion pursuant to CPLR 5015 (a) to vacate a prior order of the same court and Justice dismissing the complaint pursuant to CPLR 3126 for failure to comply with court-ordered discovery, unanimously affirmed, without costs.

The motion court had the power to vacate, pursuant to CPLR 5015 (a), an order previously issued by it dismissing a complaint pursuant to CPLR 3126 (Alvarez v Fiat Realty Corp., 157 AD2d 456 [1990]), and properly exercised that power in this case where plaintiffs…