Queens, NY asked in Civil Litigation and Civil Rights for New York

Q: Article 50 - Judgments GenerallyR5015 - Relief From Judgment or Order. be use on a 2 years 7monthcase?

The plaintiff case was dismissed for filling to comply with court order.

1 Lawyer Answer
Charles Holster
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A: This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case against you until one day there was a garnishment on your salary, or a block on your bank account, then you may be able to challenge the validity of the service. For example, if you could show that you had moved to a different address several years before the process server allegedly served the summons and complaint upon you, then you could possibly get the default judgment vacated. If, however, you did receive the summons and complaint, but just never answered it, then it is too late for you, after 2-1/2 years, to try to vacate the judgment.

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