Taveras v Philibert, 2013 NY Slip Op 04420 (1st Dept. 2013)
“The motion court properly denied plaintiffs’ CPLR 5015(a)(1) motion to vacate the prior order, granted on plaintiffs’ default. Under that statutory provision, a party seeking such relief must move to vacate the order within one year of service of the order with notice of entry (see Caba v Rai, 63 AD3d 578, 580 [1st Dept 2009]). As the movant, it was plaintiffs’ burden to establish their right to the relief, including that their motion was timely made.”
The movant must establish that the application was made within the year. Seems simple enough?
