2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 50 - (5001 - 5021) JUDGMENTS GENERALLY
R5015 - Relief from judgment or order.

 
    Rule  5015.  Relief from judgment or order.  (a) On motion.  The court
  which rendered a judgment or order may relieve a party from it upon such
  terms as may be just, on motion  of  any  interested  person  with  such
  notice as the court may direct, upon the ground of:
    1.  excusable  default,  if  such motion is made within one year after
  service of a copy of the judgment or order with written  notice  of  its
  entry  upon  the  moving  party, or, if the moving party has entered the
  judgment or order, within one year after such entry; or
    2. newly-discovered evidence which, if introduced at the trial,  would
  probably  have produced a different result and which could not have been
  discovered in time to move for a new trial under section 4404; or
    3. fraud, misrepresentation, or other misconduct of an adverse  party;
  or
    4. lack of jurisdiction to render the judgment or order; or
    5. reversal, modification or vacatur of a prior judgment or order upon
  which it is based.
    (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.