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September 21, 2026
Denial of Default Judgment Where Defendant Denied Receiving Summons and Complaint Affirmed
Written by:
Thomas A. Kissane
On July 9, 2026, the First Department unanimously affirmed Commercial Division Justice Robert R. Reed’s denial of plaintiff’s motion for a default judgment and grant of defendant’s motion for additional time to answer, holding that Supreme Court providently exercised its discretion in light of New York’s strong public policy favoring resolution of disputes on the merits. The case is G-Unit Books, Inc. v Tompkins, 251 A.D.3d 424 (1st Dep’t 2026) affirming a March 2026 order in Index No. 654265/2025. Read More
