Opinion
570893/03.
Decided February 10, 2005.
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered November 20, 2003 (Robert A. Sackett, J.) which granted defendant's motion to vacate a default judgment.
Order entered November 20, 2003 (Robert A. Sackett, J.) modified by reinstating the default judgment on liability and granting defendant's motion solely to the extent of directing a hearing to determine the amount due pursuant to the parties' stipulations of settlement.
Before: PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
No legal basis was shown by defendant or identified by the motion court for vacating the default judgment on liability, a judgment issued in 1983 upon defendant's failure to fully comply with the payment terms of the parties' initial settlement stipulation ( see CPLR 3215[i][1]). However, in the circumstances of this case arising out of a consumer transaction, fairness dictates that defendant be given an opportunity to challenge the balance claimed to be owed under the parties' stipulations — relief acknowledged by plaintiff to be appropriate in motion practice ancillary to its prosecution of this appeal.
This constitutes the decision and order of the court.