CPLR R. 5015: Can’t require a bond to vacate a judgment that doesn’t exist

CPLR R. 5015 Relief from judgment or order

Doris v Lewis, 2010 NY Slip Op 06357 (App. Div., 2nd, 2010)

The Supreme Court erred in requiring the defendant to post a bond. A court which renders a "judgment or order may relieve a party from it upon such terms as may be just" (CPLR 5015[a]), including the imposition of a bond or undertaking (see Yadid, LLC v GCW Bell Corp., 48 [*2]AD3d 799, 800; Civil Serv. Empls. Assn. v County of Nassau, 296 AD2d 474, 475; Testwell Craig Labs. v Charles Assoc., 264 AD2d 836; Harp v Tednick Corp., 256 AD2d 904, 905; F & K Supply v Balbec Corp., 182 AD2d 911). However, in the instant case, the Supreme Court did not issue an order granting the plaintiffs' motion for leave to enter judgment upon the defendant's default and did not render a default judgment. Thus, there was no judgment or order from which the defendant was seeking to be relieved.

It's pretty rare that you find a decision where the court requires a bond as a condition of vacatur.  Even with the facts as they are in this case, it's still an interesting decision.

 

 

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