Opinion
570757/03.
Decided August 4, 2004.
Plaintiff appeals from an order of the Civil Court, Bronx County, entered April 28, 2003 (Robert Sackett, J.) vacating a prior judgment of the same court entered January 31, 2003, on default, in favor of plaintiff in the amount of $1,233.49.
Order entered April 28, 2003 (Robert Sackett, J.) reversed, without costs, and the default judgment entered January 31, 2003 is reinstated.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
Even assuming that Civil Court had authority, sua sponte, to vacate its own judgment (cf. Osamwonyi v. Grigorian, 220 AD2d 400), there was no legal basis for vacatur. On its motion for summary judgment in this action to recover credit card debt, plaintiff relied upon an affidavit sworn in Missouri before a Missouri notary. "When the person administering the oath for an out of state affidavit is a notary, the affidavit does not require a certificate authenticating the notary's authority" (Firstcom Broadcast Services v. N.Y. Sound, Inc., 184 Misc 2d 524; CPLR § 2309[c]; Real Property Law §§ 299, 311). Thus, plaintiff's initial moving papers were not defective and the default judgment was properly granted.
This constitutes the decision and order of the court.