Opinion
December 28, 1992
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof which awarded $2,500 in counsel fees, (2) reducing the award of $2,500 in sanctions to $750 in sanctions, and (3) adding a provision thereto that payment by the plaintiff's attorney of the sum of $750 is imposed pursuant to CPLR 5015 (a) as a condition for vacatur of the order dated May 24, 1990, which dismissed the complaint upon the plaintiff's default in filing a timely note of issue; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements; and it is further,
Ordered that the plaintiff's attorney's time to pay the $750 is extended until 30 days after service upon him of a copy of this decision and order, with notice of entry.
An order relieving a party from a default may be conditioned on payment of sanctions pursuant to CPLR 5015 (a) (see, Folk v State of New York, 185 A.D.2d 267). Under the circumstances of this case, and in an exercise of discretion, we conclude that the imposition of a sanction of $750 is appropriate as a condition for vacatur of the plaintiff's default in filing a note of issue and the order dated May 24, 1990.
Additionally, the court acted properly in vacating the order "in the interests of justice". A court maintains an inherent power to relieve a party from judgments taken through "'"mistake, inadvertence, surprise or excusable neglect"'" (see, Bowles v Goldgeli, 167 A.D.2d 498, quoting Ladd v Stevenson, 112 N.Y. 325, 332; 5 Weinstein-Korn-Miller, N Y Civ Prac ¶ 5015.12; Fox v Bicanic, 163 A.D.2d 272). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.