McNally v. McNally

1 Citing case

  1. Pascazi v. Zarzeka

    209 A.D.3d 868 (N.Y. App. Div. 2022)

    Here, the Supreme Court providently exercised its discretion in granting the defendant's motion pursuant to CPLR 5015(a) to vacate the default judgment and to dismiss the complaint insofar as asserted against him. The defendant established that the plaintiff engaged in misrepresentation or other conduct "warranting vacatur under the statute" based on the plaintiff's failure to inform the court of the prior bankruptcy proceedings and the stipulations of settlement entered therein ( McNally v. McNally, 192 A.D.3d 788, 789, 139 N.Y.S.3d 892, citing Nachman v. Nachman, 274 A.D.2d 313, 315–316, 710 N.Y.S.2d 357 ). The plaintiff's remaining contentions either are without merit or need not be addressed in light of our determination.