Plaintiff is not entitled to vacatur of the order and judgment of dismissal on the ground of excusable default, pursuant to CPLR 5015[a][1], since they were not entered on her default. Her counsel appeared in court on the return date, participated in the argument and discussion, and submitted papers, and there is nothing in the court's order or judgment to indicate that the motions were granted on plaintiff's default. In any event, plaintiff did not move within the statutorily prescribed one-year time limit and failed to present a valid excuse for her failure to do so.
Matter of Duval v. Centerlight Health Sys., Inc., NY Slip Op 02740 (1st Dep't May 18, 2023)
