ESGRO CAPITAL MANAGEMENT LLC v. BANKS (2022)

Order (Matthew P. Raso, J.), dated December 7, 2020, affirmed, with $10 costs.

Civil Court properly denied defendant's motion to vacate the April 2013 default judgment. Defendant waived her defense of lack of personal jurisdiction by waiting nearly three years after her wages had been garnished before moving to vacate the default judgment (see Calderock Joint Ventures L.P. v Mitiku, 45 AD3d 452 [2007]; U.S. Equities Corp. v Brito, 73 Misc 3d 148[A], 2021 NY Slip Op 51270[U][App Term, 1st Dept 2021]). To the extent that defendant sought a discretionary vacatur pursuant to CPLR 5015(a)(1), the aforementioned delay “evidenced a willingness to accede to the terms of the judgment” (Cooper v Carlson, 130 AD2d 703 [1987], appeal dismissed 70 NY2d 747 [1987]), warranting denial of the motion.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur