(b) On stipulation. The clerk of the court may vacate a default
judgment entered pursuant to section 3215 upon the filing with him of a
stipulation of consent to such vacatur by the parties personally or by
their attorneys.
(c) On application of an administrative judge. An administrative
judge, upon a showing that default judgments were obtained by fraud,
misrepresentation, illegality, unconscionability, lack of due service,
violations of law, or other illegalities or where such default judgments
were obtained in cases in which those defendants would be uniformly
entitled to interpose a defense predicated upon but not limited to the
foregoing defenses, and where such default judgments have been obtained
in a number deemed sufficient by him to justify such action as set forth
herein, and upon appropriate notice to counsel for the respective
parties, or to the parties themselves, may bring a proceeding to relieve
a party or parties from them upon such terms as may be just. The
disposition of any proceeding so instituted shall be determined by a
judge other than the administrative judge.
(d) Restitution. Where a judgment or order is set aside or vacated,
the court may direct and enforce restitution in like manner and subject
to the same conditions as where a judgment is reversed or modified on
appeal.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 50 - Judgments Generally
5001 - Interest to Verdict, Report or Decision.
5002 - Interest From Verdict, Report or Decision to Judgment.
5003 - Interest Upon Judgment.
5003-A - Prompt Payment Following Settlement.
5003-B - Nondisclosure Agreements.
5011 - Definition and Content of Judgment.
R5012 - Judgment Upon Part of Cause of Action; Upon Several Causes.
R5013 - Effect of Judgment Dismissing Claim.
R5015 - Relief From Judgment or Order.
5019 - Validity and Correction of Judgment or Order; Amendment of Docket.