Summary
The Appellate Division, Second Department affirms a lower court order granting a defendant's renewed motion to vacate a default judgment entered against it in a personal injury action. The court held that the defendant was not precluded from renewing the motion on the same grounds after the prior denial was without prejudice, and properly exercised its discretion to vacate the judgment in the interest of justice under CPLR 5015(a). The plaintiff's appeal is dismissed with costs.
Topics
Practice areas
Questions Presented
- Whether a court may grant a renewed motion to vacate a default judgment when a prior motion was denied without prejudice and without filing a motion to renew under CPLR 2221(e).
Holdings
- A court may grant a renewed motion to vacate a default judgment even without a motion to renew under CPLR 2221(e) when the prior motion was denied without prejudice.
Key quotations
“Contrary to the plaintiff's contention, Maruti was not precluded from making a subsequent motion to vacate the judgment, entered upon its default in appearing or answering the complaint, on the same grounds raised in the prior motion, even without moving for leave to renew pursuant to CPLR 2221(e), because the Supreme Court denied its prior motion "without prejudice" (see World O World Corp. v Anoufrieva, 163 AD3d 610).” (at 1)
Factual background
The plaintiff, employed at a hotel in Long Island City, was injured on August 6, 2019 when a metal door fell and struck her head. She sued the property owner, Maruti Ravami, LLC, and Capitol Services, Inc. The defendant failed to appear, resulting in a default judgment entered on September 22, 2022. Maruti later sought to vacate that judgment.
Procedural history
The plaintiff sued Maruti Ravami, LLC and Capitol Services, Inc. after a workplace injury. A default judgment of $6,000,000 was entered against Maruti on September 22, 2022. Maruti moved to vacate the judgment; the court denied the first motion without prejudice and later granted a renewed motion on March 3, 2023. The plaintiff appealed the vacatur.