CPLR R. 5015 Relief from judgment or order
Sabre, Inc. v Paras Exims, 2009 NY Slip Op 02299 (App. Div., 1st, 2009)
A court is expressly authorized to vacate judgment "upon such terms as
may be just" (CPLR 5015[a]), possessing "an inherent power, not limited
by statute, to relieve the party from a judgment or order entered on
default" (Town of Greenburgh v Schroer, 55 AD2d 602 [1976]). Such terms may include conditioning that a bond be posted in the amount of all or part of the judgment (see Rawson v Austin,
49 AD2d 803 [1975]). The court did not improvidently exercise its
discretion in ordering that the money in defendant's bank account,
which had been levied upon and held in escrow by plaintiff's attorney,
be posted as security pending trial on the merits.
bruteforcelawyer.com 