Bharath v Sitaram
Attorneys and Parties
Brief Summary
Judgment enforcement and renewal; personal jurisdiction waiver by informal appearance during post-judgment enforcement.
The Supreme Court vacated the renewal judgment under CPLR 5015(a)(4) [Civil Practice Law and Rules (CPLR) 5015(a)(4): relief from a judgment for lack of jurisdiction] and dismissed the action under CPLR 3211(a)(8) [dismissal for lack of personal jurisdiction].
The order vacating the March 18, 2021 renewal judgment and dismissing the CPLR 5014 action was reversed.
The defendant made an informal appearance on the merits by appearing for an examination under oath in connection with enforcing the renewal judgment, without preserving a jurisdictional objection and waiting 10 months before seeking vacatur; this waived any personal jurisdiction defense.
Background
In 2011, the plaintiff obtained and docketed a judgment against the defendant, creating a 10-year lien. Before the lien expired, the plaintiff commenced an action for a renewal judgment under CPLR 5014 [permits an action to obtain a renewal judgment on an existing judgment], by moving for summary judgment in lieu of complaint under CPLR 3213 [procedure allowing summary judgment in lieu of complaint based on a judgment or instrument for the payment of money only]. Service was effected via CPLR 308(2) [substitute service by delivery to a person of suitable age and discretion at the dwelling and mailing], and the motion was made returnable in November 2020; the defendant did not appear. The court granted the unopposed motion on March 2, 2021, and a renewal judgment entered on March 18, 2021. The defendant then appeared for an examination under oath in November 2021 to aid enforcement. In September 2022, the defendant moved to vacate the renewal judgment under CPLR 5015(a)(4) [relief from a judgment for lack of jurisdiction] and to dismiss under CPLR 3211(a)(8) [dismissal for lack of personal jurisdiction], arguing improper service.
Lower Court Decision
The Supreme Court, Queens County, granted the defendant’s motion to vacate the renewal judgment for lack of jurisdiction and dismissed the CPLR 5014 action for lack of personal jurisdiction.
Appellate Division Reversal
Reversed on the law, with costs. The Appellate Division held the defendant informally appeared on the merits by participating in an examination under oath related to enforcement of the renewal judgment, without preserving a jurisdictional defense and delaying 10 months before moving to vacate. This conduct constituted a waiver of any personal jurisdiction objection, requiring denial of vacatur under CPLR 5015(a)(4) and dismissal under CPLR 3211(a)(8). The defendant’s motions were denied.
Legal Significance
Participation in post-judgment enforcement proceedings—such as appearing for an examination under oath—can constitute an informal appearance that waives personal jurisdiction defenses if not contemporaneously preserved. In CPLR 5014 renewal actions commenced via CPLR 3213, alleged defects in service may be forfeited by such conduct.
A defendant who engages on the merits in enforcement of a renewal judgment without timely preserving a jurisdictional objection makes an informal appearance and waives any personal jurisdiction challenge.