Practice point: Pursuant to CPLR 5019(a), a trial court has the discretion to correct an
order or judgment which contains a mistake, defect, or irregularity not
affecting a substantial right of a party, or is inconsistent with the
decision upon which it is based.
Student note: A trial court has no revisory
or appellate jurisdiction, sua sponte, to vacate its own order or
judgment.
Case: JSO Assoc., Inc. v. Price, NY Slip Op 01532 ((2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Hospital liability and private physicians.
