Appeal from an order of the Civil Court of the City of New York, Kings County (Nancy M. Bannon, J.), dated June 30, 2011. The order denied defendant's motion to vacate a judgment.

ORDERED that the order is reversed, without costs, and the matter is remitted to the Civil Court for a new determination, following a hearing, of defendant's motion to vacate the judgment.

In this action to recover the sum of $9,651.45 on a credit card account, the parties entered into a stipulation of settlement which provided that defendant would pay plaintiff $6,000 in monthly installments of $25. Thereafter, plaintiff applied for a judgment, alleging that defendant had defaulted in making the payments, and a judgment was entered against defendant. Defendant moved to vacate the judgment, asserting that she had made all of the required monthly payments. Plaintiff submitted no written opposition. After oral argument but without holding a hearing, the Civil Court denied defendant's motion.

In light of the apparent factual dispute regarding defendant's compliance with the stipulation of settlement, it was error for the Civil Court to deny defendant's motion without [*2]holding a hearing to determine the disputed issues of fact (see City of Poughkeepsie v Nutra-Vet Research Corp., 159 AD2d 675 [1990]; United Props. Corp. v Remax Prop. Network, Inc., 23 Misc 3d 135[A], 2009 NY Slip Op 50811[U] [App Term, 9th & 10th Jud Dists 2009]).

Accordingly, the order is reversed and the matter is remitted to the Civil Court for a new determination, following a hearing, of defendant's motion to vacate the judgment.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: June 06, 2013