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LIU YU v. STELLA MA

2518N, 651546/12.

145 A.D.3d 577 (2016)

2016 NY Slip Op 08479

43 N.Y.S.3d 323

LIU YU et al., Appellants, v. STELLA MA, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2016.

Although the motion court's decision cites CPLR 317, defendant Ma moved pursuant to CPLR 5015 (a) (4) to vacate the default judgment against her on the ground that the court "lack[ed] jurisdiction to render the judgment or order." Under CPLR 5015 (a) (4), the need to assert a reasonable excuse is obviated (see Wells Fargo Bank, N.A. v Jones, 139 A.D.3d 520, 523 [1st Dept 2016]). Defendant, a California resident, averred that she...

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