Practice point: Pursuant to CPLR 5015(a), the court which rendered a judgment or order may relieve a party from it upon such terms as may be just.
Students should note that a claim of financial distress is likely insufficient to justify the exercise of this discretionary power.
Case: Katz v. Marra, NY Slip Op 04957 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
