CPLR 5015(d) provides that, "[w]here 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." Thus, CPLR 5015[d] empowers a court that has set aside a judgment or order to restore the parties to the position they were in prior to its rendition, consistent with the court's general equitable powers. The essential inquiry for a court addressing a request for the equitable remedy of restitution is whether it is against equity and good conscience to permit a party to retain the money that is sought to be recovered. The determination whether to award restitution is committed to the trial court's discretion.
Hamway v. Sutton, NY Slip Op 01062 (1st Dep't February 25, 2025)
