| Cadle Co. v Gregory |
| 2006 NY Slip Op 51528(U) [12 Misc 3d 146(A)] |
| Decided on August 3, 2006 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County (Ellen Gesmer, J.), entered November 22, 2005, which denied plaintiff's motion to hold defendant in contempt for failure to comply with a post-judgment subpoena duces tecum, and, sua sponte, vacated the default judgment.
PER CURIAM:
Order (Ellen Gesmer, J.), entered November 22, 2005, reversed, without costs, the default judgment reinstated, and the matter remanded to Civil Court for further proceedings, including consideration of plaintiff's motion, inter alia, to compel defendant to comply with a post-judgment subpoena duces tecum.
Civil Court acted without authority when it sua sponte vacated the judgment in the absence of a motion by defendant for relief from the previously entered default judgment (see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C5015:7).This constitutes the decision and order of the court.
Decision Date: August 3, 2006