CPLR 5015(a)(1) provides that the court which rendered a judgment or order may relieve a party from that judgment or order on the ground of excusable default. However, a motion to vacate a judgment or order based on an excusable default must be made within one year after service thereof with notice of entry. Here, the defendant's motion to vacate the order and judgment of foreclosure and sale was made approximately 4½ years after the defendant was served with notice of entry of the order and judgment. As such, the motion was untimely.
Bank of N.Y. Mellon v. Taylor, NY Slip Op 04119 (2d Dep't August 7, 2024)
