Nationstar Mtge. LLC v Gomez

Holding The court affirmed the denial of the defendant’s motion to vacate a summary judgment order, finding that the trial court properly exercised its inherent powers to correct an administrative error. The defendant failed to demonstrate a reasonable excuse for not opposing the summary judgment motion after the administrative dismissal was vacated.

The court’s words

the court's vacatur of the court's October 15, 2018 administrative dismissal order was within its inherent powers

2026 NY Slip Op 05484, at the official text

the motion court therefore did not abuse its authority in rejecting defendant's reliance on the administrative error to gain a litigation advantage

2026 NY Slip Op 05484, at the official text

There is no per se rule against a request for relief being made pursuant to a letter motion so long as a there is notice

2026 NY Slip Op 05484, at the official text

the motion court properly determined that defendant failed to present a reasonable excuse for his failure to oppose plaintiff's summary judgment motion

2026 NY Slip Op 05484, at the official text