Rawson v. Austin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified in accordance with memorandum and as modified affirmed, without costs. Memorandum: We do not find that Special Term’s exercise of discretion was improvident in granting defendants’ motion to open the default judgment. CPLR 5015 (subd [a]) empowers the court which rendered the judgment or order to relieve a party from it upon such terms as may be just. An inherent power not limited by statute is also possessed by the court to relieve a party from a judgment entered on a default (Michaud v Loblaws, Inc., 36 AD2d 1013), and in its exercise a court may open its own…
2Cases cited6 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Ballard v. Billings & Spencer Co.Appellate Division of the Supreme Court of the State of New York · 1971
- Treitel v. Arnold Chait, Ltd.Appellate Division of the Supreme Court of the State of New York · 1964
- Pan American World Airways, Inc. v. Victoria Travel Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Epstein v. KutnerAppellate Division of the Supreme Court of the State of New York · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Manufacturers & Traders Trust Co. v. Commercial Door & Hardware, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Allen v. PrestonAppellate Division of the Supreme Court of the State of New York · 1986
- Parker v. McMahonAppellate Division of the Supreme Court of the State of New York · 1976
- Schutzer v. Suss-KolyerAppellate Division of the Supreme Court of the State of New York · 1977
- Ciccarella v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1980
1 more not listed; retrieve them via the Exa API.