U.S. Bank Trust, N.A. v Aprile

Holding The court affirmed the denial of the defendant’s motion to vacate the order granting service by publication because he failed to demonstrate a reasonable excuse for his default or evidence of fraud, mistake, or excusable neglect. Additionally, the court held that the defendant was precluded from asserting a statute of limitations defense because he had not successfully vacated his default in the action.

The court’s words

A party seeking to vacate an order or judgment entered upon his or her default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion

2026 NY Slip Op 05569, at the official text

the Supreme Court has the inherent authority to vacate an order in the interest of justice, even where the statutory one-year period under CPLR 5015(a)(1) has expired

2026 NY Slip Op 05569, at the official text

a court's inherent power to exercise control over its [orders and] judgments is not plenary, and should be resorted to only to relieve a party from [orders or] judgments taken through [fraud] mistake, inadvertence, surprise or excusable neglect

2026 NY Slip Op 05569, at the official text

Since the defendant never vacated his default in this action, he was precluded from asserting a statute of limitations defense

2026 NY Slip Op 05569, at the official text