My question involves court procedures for the state of: New York
If someone files a motion for an order to show cause to vacate a judgement, does this reopen or dismiss a case? Basically, upon not being aware of a summons, a default judgement was issued because of no show. It was found out once account was frozen. A motion was filed for an order to show cause to vacate judgement, intially not realizing why I was not notified. After filing and reviewing the affidavit from plantiff I realized it was because the name summons was given and the zip code mailed was wrong. Should I file something in addition to have this in my defense?
Also, does motion require plainteff to re-file, in-turn changing the file date of action. I am trying to see if this then qualifies denial for plaintiff because of Statue of Limitations. Original file date was May and roughly September was statute of limitations.