Justice Augustus C. Agate
In this breach of lease agreement action son Jordan cross-moved to enjoin father Yardeny from commencing further motions regarding the instant, previously decided claims. Yardeny moved for leave to renew his motion to vacate a default judgment and dismiss the action. Yardeny’s prior motions seeking vacatur were denied and the Appellate Division affirmed the order. Yet, he now moved to again vacate the default judgment against him on the ground of new facts relating to the affidavit of service claiming service of process was defective. The court denied the motion. Jordan cross-moved to enjoin Yardeny from filing further motions regarding the claims in this matter claiming Yardeny engaged in frivolous and contumacious conduct. The court agreed noting the record revealed this was Yardeny’s fourth application to vacate the default judgment. It found all prior applications were denied with a sufficient explanation for same. The court stated while Yardeny may label his applications differently, they all sought the same reliefvacatur of the default judgment. Accordingly, the court granted Jordan’s cross-motion enjoining Yardeny from filing any further motions or applications without prior written application to the court.
