Motion for Relief from Judgment for Lack of Jurisdiction in New York

What Is a Motion for Relief from Judgment for Lack of Jurisdiction?

Background

A court maintains inherent power to vacate a judgment in the interest of justice. (Ladd v. Stevenson, 112 N.Y. 325, 332 [1889].) As such, a judgment may be vacated once it is demonstrated that the court lacks jurisdiction over the defendant. (U.S. Bank N.A. v. Losner, 125 A.D.3d 640 [2nd Dept. 2015].)

How to Structure the Motion

“The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested persons with such notice as the court may direct.” (Civ. Prac. Law & Rules, § 5015(a); Maria Acevedo v. Francisco Navarro, 22 A.D.3d 391 [1st Dept. 2005].) Relief may be granted upon the ground of “lack of jurisdiction to render the judgment or order.” (Civ. Prac. Law & Rules, § 5015(a)(4).)

The court does not have personal jurisdiction over a defendant when a plaintiff fails to properly effectuate service of process. (Washington Mut. Bank v. Murphy, 127 A.D.3d 1167, 1173 [2nd Dept. 2015].) A movant for relief must rebut the prima facie case that service was proper. (Riverhead Sav. Bank v. Garone, 183 A.D.2d 760 [2nd Dept. 1992].) In defendant’s moving papers, he or she must either submit a sworn denial of service or swear to specific facts to rebut the process server’s affidavit. (Puco v. DeFeo, 296 A.D.2d 571, 571 [2nd Dept. 2002].) “[B]are and unsubstantiated denials are insufficient to rebut the presumption of service.” (U.S. Bank, N.A. v. Tauber, 140 A.D.3d 1154, 1155 [2016].)

If the motion for relief from judgment is based on Section 5015(a)(4) alone, no affidavit of merits is necessary because such a judgment is a nullity, irrespective of the question of merit. (Shaw v. Shaw, 97 A.D.2d 403 [2nd Dept. 1983].) In other words, the movant need not show either a reasonable excuse nor a meritorious defense. (Prudence v. Wright, 94 A.D.3d 1073 [2nd Dept. 2012].)

Response

It is well established that the burden of proving that personal jurisdiction was acquired rests at all times upon the plaintiff in the action. (Green Point Sav. Bank v. Taylor, 92 A.D.2d 910 [1983].) A process server’s affidavit of service establishes a prima facie case as to the method of service and gives rise to a presumption of proper service. (Wells Fargo Bank, N.A. v. Chaplin, 65 A.D.3d 588, 589 [2nd Dept. 2009].)

The Court’s Decision

Service of process is a constitutional requirement necessary for the court to exercise jurisdiction over a party. (Patrician Plastic Corp. v. Bernadel Realty Corp., 25 N.Y.2d 599, 607 [1970].) The statutory requirements for personal service mandate strict compliance. (Dorfman v. Leidner, 76 N.Y.2d 956, 958 [2000].) When a party is not properly served, the court lacks jurisdiction over that party. (Keane v. Kamin, 94 N.Y.2d 263, 265 [1999].)

“When a defendant seeking to vacate a default judgment raises a jurisdictional objection pursuant to [Section 5015(a)(4) of Civil Practice Law and Rules], the court is required to resolve the jurisdictional question [first].) (Wachovia Bank, N.A. v. Greenberg, 138 A.D.3d 984, 985 [2nd Dept. 2016].)

Timeline

A motion to vacate pursuant to Section 5015(a) of Civil Practice Law and Rules must be made within “a reasonable time.” (In re McLaughlin, 111 A.D.3d 1185, 1186 [3rd Dept. 2013].)

Relevant Documents

Case Filed

Jul 21, 2017

Case Status

Restored

County

Bronx County, NY

Filed Date

Jun 03, 2021

Type

Torts - Motor Vehicle

Judge Hon. Mary Ann Brigantti Trellis Spinner 👉 Discover key insights by exploring more analytics for Mary Ann Brigantti
Case Filed

Sep 28, 2020

Case Status

Pre-RJI

County

Nassau County, NY

Filed Date

Oct 08, 2020

Judge

Giacomo, Hon. William J.

County

Queens County, NY

Filed Date

Apr 15, 2021

Judge

Trial Scheduling

County

Queens County, NY

Filed Date

Jun 25, 2021

Type

Real Property - Mortgage Foreclosure - Residential

Judge Hon. Leonard Livote Trellis Spinner 👉 Discover key insights by exploring more analytics for Leonard Livote
Case Filed

Jan 27, 2021

Case Status

Disposed-Court Date/Application Pending

County

Erie County, NY

Filed Date

Oct 29, 2021

Judge

Ejeannette Ogden

County

Nassau County, NY

Filed Date

Dec 15, 2020

Judge

Nassau Fp3

Case Filed

Sep 28, 2020

Case Status

Pre-RJI

County

Nassau County, NY

Filed Date

Oct 08, 2020

Judge

Giacomo, Hon. William J.

Case Filed

Jun 28, 2018

Case Status

Disposed-Court Date/Application Pending

County

Bronx County, NY

Filed Date

Jan 11, 2022

Type

Torts - Other Negligence (personal injury)

Judge Hon. Elizabeth Taylor Trellis Spinner 👉 Discover key insights by exploring more analytics for Elizabeth Taylor
Case Filed

Sep 23, 2020

Case Status

Disposed, Motion Pending

County

New York County, NY

Filed Date

Oct 08, 2020

Judge Hon. Francis A Kahn Iii Trellis Spinner 👉 Discover key insights by exploring more analytics for Francis A Kahn Iii

Documents

1-10 of 403 results

County

New York County, NY

Filed Date

Jun 27, 2022

Judge Hon. Paul A. Goetz Trellis Spinner 👉 Discover key insights by exploring more analytics for Paul A. Goetz
Case Filed

Nov 17, 2020

Case Status

Disposed-Court Date/Application Pending

County

Nassau County, NY

Filed Date

Jan 20, 2022

Judge

Nassau Fp2

Case Filed

Jun 28, 2018

Case Status

Disposed-Court Date/Application Pending

County

Bronx County, NY

Filed Date

Jan 11, 2022

Type

Torts - Other Negligence (personal injury)

Judge Hon. Elizabeth Taylor Trellis Spinner 👉 Discover key insights by exploring more analytics for Elizabeth Taylor
Case Filed

Jan 27, 2021

Case Status

Disposed-Court Date/Application Pending

County

Erie County, NY

Filed Date

Oct 29, 2021

Judge

Ejeannette Ogden

County

Nassau County, NY

Filed Date

Aug 31, 2021

Judge Hon. Roy Mahon Trellis Spinner 👉 Discover key insights by exploring more analytics for Roy Mahon
County

Queens County, NY

Filed Date

Jun 25, 2021

Type

Real Property - Mortgage Foreclosure - Residential

Judge Hon. Leonard Livote Trellis Spinner 👉 Discover key insights by exploring more analytics for Leonard Livote
Case Filed

Jul 21, 2017

Case Status

Restored

County

Bronx County, NY

Filed Date

Jun 16, 2021

Type

Torts - Motor Vehicle

Judge Hon. Mary Ann Brigantti Trellis Spinner 👉 Discover key insights by exploring more analytics for Mary Ann Brigantti
Case Filed

Jul 21, 2017

Case Status

Restored

County

Bronx County, NY

Filed Date

Jun 03, 2021

Type

Torts - Motor Vehicle

Judge Hon. Mary Ann Brigantti Trellis Spinner 👉 Discover key insights by exploring more analytics for Mary Ann Brigantti
County

Queens County, NY

Filed Date

Apr 16, 2021

Judge

Cc Compliance

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