New York Court of Appeals
Wilson v. Galicia Contr. & Restoration Corp.
April 29, 200810 N.Y.3d 827
Summary
The New York Court of Appeals affirmed the Appellate Division's order, rejecting Safway Steel Products' arguments that the default judgment was a nullity and that the court could vacate the inquest order on fraud grounds. The Court held that Safway failed to preserve its CPLR 3215(f) argument, that the self‑executing conditional order precluded any evidence contrary to the plaintiff's claim, and that the court lacked authority to vacate the order under CPLR 5015(a)(3). The decision underscores the importance of preserving issues for appeal and the binding effect of conditional orders.