Practice point: Under CPLR 5015(a)(4), a default must be vacated once a movant demonstrates lack of personal jurisdiction.
Student note: A party who moves to vacate a judgment entered on default is relieved of any obligation to demonstrate a reasonable excuse for the default and a potentially meritorious defense when lack of personal jurisdiction is asserted as the ground for vacatur.
Case: Toyota Motor Credit Corp. v. Lam, NY Slip Op 01809 (2d Dept. 2012).
Here is the decision.
Monday’s issue: Vehicle owner’s liability.
