Opinion
March 22, 1999
Appeal from the Supreme Court, Nassau County (Winslow, J.).
Ordered that the order is affirmed, with costs.
A decision to vacate a prior order or judgment rests in the sound discretion of the court and will be upheld in the absence of an improvident exercise of that discretion (see, Matter of Ping Lee v. City of New York, 233 A.D.2d 510). The court's discretion to relieve a party from a judgment should not be exercised where that party has demonstrated lack of good faith or has been dilatory in asserting his or her rights (see, Greenwich Sav. Bank v. JAJ Carpet Mart, 126 A.D.2d 451). The record is replete with evidence of the plaintiff's lack of good faith and failure to timely assert his rights. Accordingly, it was not an improvident exercise of discretion for the Supreme Court to deny the plaintiff's motion to vacate the judgment.
O'Brien, J. P., Ritter, Thompson and Joy, JJ., concur.