In a May 22, 2009 decision, Justice Demarest denied the defendants second motion to vacate summary judgment entered in favor of the plaintiffs. The Court denied that motion for failing to satisfy any of the prongs of CPLR 5015(a)(3), and because in reality it was an attempt to reargue a motion decided years before.
The Court also addressed the latest (of many) application by the plaintiffs to hold the defendants in contempt for failure to comply with post-judgment discovery. Notwithstanding the fact that the Court had previously issued a number of conditional orders, the Court allowed the defendants additional time to submit opposition papers to the latest application for contempt.