June 27, 2011

Vacating a default.

Practice point: An affidavit of merit is required in support of the motion, pursuant to CPLR 5015(a)(1).

Students should note that if the motion is denied for want of the affidavit, a second motion cannot be made on the same grounds as the first.

47 Thames Realty, LLC v. Robinson, NY Slip Op 05225 (2d Dept. 2011).


Tomorrow's issue is in pari delicto.