Allstate Insurance v. Lombardi

OPINION

FLANDERS, Justice.

Can a party obtain relief from a judgment via an independent action when its own unexcused negligence led to the judgment’s entry in the first place? The defendant, judgment-creditor Peter J. Lombardi (Lombardi), appeals from a grant of *866summary judgment in favor of the plaintiff, judgment-debtor, Allstate Insurance Company (Allstate). In granting Allstate relief from a previous judgment, a Superi- or Court motion justice concluded that the judgment was void. On appeal, Lombardi contends that Allstate’s negligence in failing to contest the earlier judgment barred it…