| Discover Bank v Qader |
| 2013 NY Slip Op 02533 [105 AD3d 892] |
| April 17, 2013 |
| Appellate Division, Second Department |
| Discover Bank, Respondent, v Rose Qader,Appellant. |
—[*1] Cohen & Slamowitz, LLP, Woodbury, N.Y. (Eric R. Greenberg of counsel), forrespondent.
In an action to recover damages for breach of a consumer credit agreement and on anaccount stated, the defendant appeals from an order of the Supreme Court, WestchesterCounty (O. Bellantoni, J.), dated December 13, 2011, which denied her motion to vacatea prior judgment of the same court entered November 7, 2001, upon her default inappearing or answering the complaint, which was in favor of the plaintiff and against herin the principal sum of $28,303.64.
Ordered that the order is affirmed, with costs.
Contrary to the defendant's contentions, the Supreme Court properly denied hermotion to vacate a judgment entered upon her default in appearing or answering thecomplaint, since the motion constituted an improper attempt to relitigate issuespreviously resolved against her in other postjudgment orders of the court from which shedid not appeal (see 47 ThamesRealty, LLC v Robinson, 85 AD3d 851, 851-852 [2011]; Robert MariniBldr. v Rao, 263 AD2d 846, 848 [1999]). Moreover, the motion was untimely andwithout merit.
We decline the plaintiff's request to impose sanctions against the defendant and herappellate counsel (see generally 22 NYCRR 130-1.1). Mastro, J.P., Austin,Cohen and Miller, JJ., concur.