Practice point: A trial court has no revisory or appellate jurisdiction, sua sponte, to vacate its own order or judgment.
Practitioners should note that a court exceeds its powers if, sua sponte, it reconsiders summary judgment motions after the case is dismissed by judgment.
Case: Merriwether v. Osborne, NY Slip Op 07602 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Trial practice.
