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Diaz v. Altamirano

Vacatur of Judgment After Inquest Granted Against Incarcerated Defendant in Partition Suit

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In connection with defendant’s motion pursuant to CPLR 5015(a) seeking an order vacating a default judgment, the Court has considered the following papers:1. Defendant’s Order to Show Cause dated September 11, 2017; Affidavit in Support dated February 16, 2017; and other supporting papers;2. Plaintiff’s Affirmation in Opposition dated July 10, 2017 and supporting papers; it is

*1  ORDERED that defendant pro se’s motion to vacate a prior judgment entered against him pursuant to CPLR 5015(a) is determined as follows. Presently before the Court is defendant pro se’s motion to vacate a default judgment granted on plaintiff’s unopposed application by Short-Form Order of this Court dated November 18, 2016.This matter is a real property dispute brought by plaintiff Ariane Diaz against her former paramour defendant Giovanny Altamirano. Both parties reside at the subject premises located at 384 Kansas Street, Lindenhurst, New York 11747. The action was commenced when plaintiff filed summons and complaint seeking partition against defendant on May 6, 2016. By her complaint, plaintiff generally alleges that the parties are both owners in fee simple. Plaintiff additionally asserts that the premises was purchased by plaintiff and defendant as joint tenants with rights of survivorship on September 2, 2011. Plaintiff relies upon a property value appraisal conducted on April 1, 2016 at defendant’s request, assessing its value at $325,000. Plaintiff claims that the mortgage and property carrying costs, including a monthly mortgage obligation of $2776.00, have been solely borne by her alone, with defendant merely contributing $500.00.

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