Posts Categorized: Default Judgment

Posted: August 21, 2017

Court Should Not Have Vacated Default Judgment Where There Was No Reasonable Excuse for Default

On August 16, 2017, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2017 NY Slip Op. 06184, reversing a trial court decision to vacate a default, holding that no reasonable excuse had been showed for the default. In OneWest Bank, the trial court dismissed the complaint because of the failure of… Read more »

Posted: March 5, 2017

Court Vacates Order Granting Motion to Dismiss Based on Plaintiff’s Counsel’s Failure to Appear at Oral Argument – a Cautionary Tale on the Importance of Using eTrack!

On February 17, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Leggette, Brashears & Graham, Inc. v. Gemini Arts Initiative, Inc., 2017 NY Slip Op 30311(U), vacating a prior order that had granted the defendant’s motion to dismiss on default based on plaintiff’s counsel’s failure to appear at oral argument…. Read more »

Posted: February 24, 2017

Default Judgment Denied For Failure to Allege or Provide Facts Showing Liability

On February 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in BMG Rights Management (US) LLC v. Radar Pictures, Inc., 2017 NY Slip Op. 30290(U), denying without prejudice a motion for default judgment for failure to allege or provide facts showing liability, explaining: CPLR 3215(a) authorizes the court to… Read more »

Posted: September 10, 2016

Untimely Motion for Default Judgment Dismissed

On August 24, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Olympia House, LLC v. Khristov, 2016 NY Slip Op. 31617(U), dismissing a motion for default judgment as untimely, explaining: As to the default judgment sought against defendant Liousemila Birzolul, the Court indicated at oral argument that, while defendant… Read more »

Posted: March 20, 2016

E-Filing Error Reasonable Excuse to Support Vacating Default Judgment

On March 11, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Herzog v. Belizario, 2016 NY Slip Op. 26073, holding that an e-filing error constituted reasonable excuse to vacate a default judgment. In Herzog, the “defendants’ attorney . . . prepared a verified answer with counterclaims, along with the notice… Read more »

Posted: August 24, 2015

Case Cannot be Dismissed as Abandoned Unless Note of Issue Has Been Filed

On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in Genesee Office Interiors, Inc. v. Furniture Consultants, Inc., 2015 NY Slip Op. 51162(U), vacating a dismissal for abandonment, explaining that “CPLR 3404 provides that a cause in the supreme court marked off or struck from the calender or unanswered… Read more »