GIT Capital, LLC v. Alexis

Summary

The Appellate Division, Second Department, held that the Supreme Court improvidently exercised its discretion by denying Glenda Alexis and Leotta Alexis Carr’s motion to vacate their default under CPLR 5015(a). The court granted vacatur in the interest of substantial justice, remitted the matter to permit the defendants to serve and file an answer, and held that their request to cancel the tax deed was denied without prejudice to renewal.

Holdings

1. Under the unique circumstances of the case, the Supreme Court improvidently exercised its discretion by denying the appellants' CPLR 5015(a) motion to vacate their defaults and the amended judgment in the interest of justice.
2. The denial of the appellants' request to cancel the tax deed is without prejudice to renewal.

Questions Presented

1. Whether the Supreme Court should have vacated Glenda Alexis and Leotta Alexis Carr's defaults in appearing or answering the RPAPL article 15 action and the resulting amended judgment under CPLR 5015(a) and in the interest of substantial justice.
2. Whether the appellants' request to cancel the tax deed should be granted or denied without prejudice to renewal.

Disposition

remanded