First Select, Inc. v James (2003 NY Slip Op 51545(U))

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First Select, Inc. v James

2003 NY Slip Op 51545(U)

Decided on November 20, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on November 20, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and SKELOS, JJ.
NO. 2002-1750 N C

FIRST SELECT, INC., Respondent, -

against

JOSEPH JAMES, Appellant.

Appeal by defendant, as limited by his brief, from so much of an order of the District Court, Nassau County (S. Jaeger, J.), entered October 11, 2002, as granted his motion to vacate the default judgment upon the condition that the judgment stand as security pending further order of the court.

Order unanimously affirmed without costs.

Inasmuch as CPLR 5015 (a) provides express authority for the court to vacate a default "upon such terms as may be just", we find under the circumstances presented that the court below acted well, within its discretion by vacating the default upon the condition that the judgment stand as security pending further order of the court.
Decision Date: November 20, 2003