Henderson-Jones v. City of New York

OPINION OF THE COURT

Lucy Billings, J.

I. Procedural Background

Plaintiffs sue for injuries from the New York City Police Department’s execution of a search warrant at plaintiffs’ apartment on October 27, 2005. Defendant Van Orden of the Police Department moves pursuant to CPLR 5015 (a) (1) to vacate a default judgment on his liability first entered against unidentified defendant, Detective No. 3, November 7, 2007 (Feinman, J.). (CPLR 3215.) In an order dated April 7, 2007, Justice Fein-man had permitted plaintiff to serve Detective No. 3 through the Police Commissioner and the City’s…