Redfield v. Critchley

The court always has had inherent power in the interest of justice to vacate a judgment. (Ladd v. Stevenson, 112 N. Y. 325.) Sections 108 and 528 of the Civil Practice Act, therefore, were intended to place a limit upon the time within which a default judgment should be vacated. (Schlimmer v. New York, Ontario & Western R. R. Co., 212 App. Div. 782.)

Here, there are no intervening or other equities, such as were found in Ladd v. Stevenson (supra). The protection of sections 108 and 528 of the Civil Practice Act, therefore, should be afforded the parties obtaining the default judgment and the…