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Hao v. Amazon.com, Inc. Corporation Service Company

Controversy of Service of Order within Thirty Day Time Frame Not Issued by Court

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Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion Papers Numbered Notice of Motion and Affidavits Annexed       1 Order to Show Cause Answering Affidavits         2 Replying Affidavits Exhibits Supplemental Affidavit DECISION/ORDER Upon the foregoing papers, plaintiff’s motion for restore this case to the calendar, is decided as follows: Plaintiff commenced an action seeking recovery against defendant, Amazon.com Inc. Corporation Service Company for “Failure to provide goods ordered, Failure to return money for $24,900.00 from 1/28/2020. On December 18, 2023, this case was marked dismissed, NAP (no appearance plaintiff). Plaintiff brought this motion to vacate the dismissal. Plaintiff submitted documentation that he was treated in the emergency room of a hospital in Queens. Even though the plaintiff had a medical episode on that date, defendant has submitted opposition. The Court retains inherent discretionary power to vacate a judgment for sufficient reason and in the interest of judgment. LLC v. Aloha Energy, 153 A.D. 3d 1008 (3rd Dept. 2017), Wells Fargo Bank v. Hyun Jung Kim, 189 A.D. 3d 267 (2nd Dept. 2020). There was an order dated December 13, 2023 directing plaintiff to “file a formal pleading no later than thirty (30) days after service of this order.”. This order was served upon plaintiff after the case was dismissed, but within 30 days after service of that order. Whether the 30 days ran after the case is dismissed, is an issue this Court will not decide in the absence of any specific application. Both sides should be guided accordingly. Accordingly, plaintiff’s motion to vacate the dismissal, and to restore the case to the calendar, is granted. The Clerk will notify the parties for conference and notify the parties of the date. This constitutes the decision and order of the Court. Dated: March 6, 2024

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