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Posts Categorized: Default Judgment

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 »

Posted: July 13, 2015

Action Dismissed as Abandoned Because Plaintiff Had No Reasonable Excuse for Not Prosecuting Case

On June 17, 2015, the Second Department issued a decision in Ohio Savings Bank v. Decaudin, 2015 NY Slip Op. 05165, affirming the dismissal of an action. In Ohio Savings Bank, the defendant moved to dismiss an action as abandoned. The Second Department affirmed the trial court’s decision granting the motion, explaining: To avoid dismissal… Read more »

Posted: June 27, 2015

Default Judgments Reversed for Insufficient Proof of Service

On June 19, 2015, the Fourth Department issued a decision in Interboro Insurance Co. v. Tahir, 2015 NY Slip Op. 05378, analyzing the sufficiency of the proof of service submitted in support of a motion for default judgment. In Interboro Insurance Co., the trial court denied the plaintiff’s motion for default judgment against three defendants–Bushra… Read more »