Blogs

Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
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 Birzolul had, in fact, defaulted, the award of any relief depended upon whether plaintiff had established its case. Here, plaintiff has failed to move within one year after the default as required by CPLR ยง3215(c). As noted earlier, the default occurred in the Spring of 2012, and no action whatsoever was taken by plaintiff until November 2015, with this motion filed thereafter. Under these circumstances, the statute states that the court shall not enter judgment but shall dismiss the complaint as abandoned unless sufficient cause is shown by the complaint should not be dismissed. No such showing has been made, nor any explanation offered for the delay. Thus, the motion for a default judgment is denied without prejudice to a new motion that makes the statutorily required showing.

(Internal quotations and citations omitted) (emphasis added).

View posts