ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05317

Ninth Street Corp. v Fernandez

Read the official decision: 2026 NY Slip Op 05317

Holding The Supreme Court properly denied the defendants’ motion to vacate a default judgment because they failed to present a reasonable excuse for their default. Additionally, the defendants did not provide evidence of fraud, mistake, or other grounds warranting the court’s inherent power to relieve them from the judgment.

The court’s words

CPLR 5015(a)(3) permits a court to vacate a judgment or order upon the ground of fraud, misrepresentation, or other misconduct of an adverse party.

2026 NY Slip Op 05317, at the official text

Since the defendants did not present any excuse for their default, the Supreme Court properly denied that branch of the defendants' motion which was to vacate the judgment.

2026 NY Slip Op 05317, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05317
Area of lawCivil Procedure
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05317
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id554
Related recordsNinth Street Corp. v Fernandez, 2026 NY Slip Op 05316

Recommended citation

ESQ HQ, New York Law Watch, Ninth Street Corp. v Fernandez, 2026 NY Slip Op 05317 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05317/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published September 16, 2026. Updated September 16, 2026.