Nash v. Port Auth. of N.Y. & N.J.

On January 14, 2010, Plaintiff received a $4.4 million judgment against The Port Authority of New York and New Jersey ("Port Authority"). The Nash judgment became final as of July 13, 2011 due to the Port Authority's failure to appeal. The Court of Appeals subsequently issued Matter of World Trade Center Bombing Litig. ("Ruiz"), which held that the Port Authority was insulated from tortious liability for injuries sustained in the 1993 World Trade Center bombing. The Port Authority moved to vacate the Nash judgment pursuant to N.Y. C.P.L.R. 5105. Supreme Court granted the motion. The Appellate Division affirmed. Plaintiff appealed, arguing that Supreme Court lacked jurisdiction to vacate her judgment because the judgment in her case was final and beyond the scope of review. The Court of Appeals reversed, holding (1) Nash's judgment became final when the Port Authority failed to appeal within the requisite time period; and (2) Supreme Court erred in concluding that (i) the Court of Appeals' decision in Ruiz divested Supreme Court of its authority to review the equities with respect to the parties in determining whether the vacate the judgment, and (ii) Ruiz mandated that the court must grant a section 5015(a) motion by rote. Remitted. View "Nash v. Port Auth. of N.Y. & N.J." on Justia Law