Opinion
No. 570073/22
06-17-2022
Esgro Capital Management, LLC, as Successor in Interest to Taylor Business Institute, Plaintiff-Respondent, v. Sharae Banks, Defendant-Appellant.
Unpublished Opinion
PRESENT: HAGLER, J.P., TISCH, MICHAEL, JJ.
PER CURIAM
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Matthew P. Raso, J.), dated December 7, 2020, which denied her motion to vacate a default judgment.
Order (Matthew P. Raso, J.), dated December 7, 2020, affirmed, with $10 costs.
Civil Court properly denied defendant's motion to vacate the April 2013 default judgment. Defendant waived her defense of lack of personal jurisdiction by waiting nearly three years after her wages had been garnished before moving to vacate the default judgment (see Calderock Joint Ventures L.P. v Mitiku, 45 A.D.3d 452 [2007]; U.S. Equities Corp. v Brito, 73 Misc.3d 148 [A], 2021 NY Slip Op 51270[U][App Term, 1st Dept 2021]). To the extent that defendant sought a discretionary vacatur pursuant to CPLR 5015(a)(1), the aforementioned delay "evidenced a willingness to accede to the terms of the judgment" (Cooper v Carlson, 130 A.D.2d 703 [1987], appeal dismissed 70 N.Y.2d 747 [1987]), warranting denial of the motion.
All concur