Matter of Koukla v. New York St. Liquor Auth

1 Citing case

  1. In Matter of Yarbough v. Franco

    95 N.Y.2d 342 (N.Y. 2000)   Cited 356 times
    In Matter of Yarbough v. Franco, 95 N.Y.2d 342, 717 N.Y.S.2d 79, 740 N.E.2d 224 [2000], the Court held that a tenant's application to vacate a default judgment extended the four-month limitations period.

    In contrast, a motion to vacate a default presents factual questions not previously passed upon by the administrative agency. By seeking to vacate the default, petitioner was simply availing herself of the Authority's own invitation under its procedures to present new facts supporting her reasons for the default and to proffer a meritorious defense (see, Davis v. Kingsbury, supra, 30 A.D.2d, at 945 [noting that a second application may toll statute of limitations "where a different factual presentation is invited by the authority in question"]; cf.,Matter of Koukla, Inc. v. New York State Liquor Auth., 37 A.D.2d 955, 956). Because petitioner's application to vacate the default created a "fresh situation," it cannot be considered a motion to reconsider a prior determination (Matter of Koukla, Inc. v. New York State Liquor Auth.,supra, 37 A.D.2d, at 956).