Practice point: A party may seek restitution of funds paid pursuant to an order set aside on appeal. The determination whether to award restitution is within the discretion
of the trial court.
Student note: CPLR 5015(d) empowers a court that has set aside a
judgment or order to restore the parties to the position they were in
prior to its rendition, consistent with the court's general equitable
powers.
Case: Gaisi v. Gaisi, NY Slip Op 05438 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Disorderly conduct as between spouses.
