Merchants Insurance Group v. Coutrier

In a subrogation action to recover benefits paid to the plaintiffs insured, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated December 18, 2012, which granted the defendant’s motion, in effect, to amend an order of the same court dated February 1, 2008, vacating a default judgment against the defendant, so as to direct the return of his wages garnished in connection with the default judgment.

Ordered that the order dated December 18, 2012, is affirmed, with costs.

Under the circumstances of this case, the plaintiffs retention of the defendant’s wages garnished in connection with a default judgment against the defendant and in the plaintiffs favor is inconsistent with the vacatur of the default judgment. Accordingly, the Supreme Court properly exercised its discretion in granting the defendant’s motion.