On July 7, 2021, the Second Department issued a decision in US Bank N..A. v. Davis, 2021 NY Slip Op. 04251, holding that a case must be dismissed if a plaintiff fails to take action to seek a default judgment within one year of the default, explaining: CPLR 3215(a) provides that when a defendant has... Read more »
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Posts Categorized: Default Judgment
Court Grants Order Allowing Late Answer When Delay Was Short and There Was No Prejudice to the Plaintiff
On May 11, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Old Republic Natl. Tit. Ins. Co. v. Salamon, 2021 NY Slip Op. 31631(U), granting an order allowing a late answer when the delay was short and there was no prejudice to the plaintiff, explaining: CPLR 3012 (d) provides that:... Read more »
Default Judgment Not Vacated Because Plaintiff Failed to Provide a Reasonable Excuse for Failing to Oppose Defendant’s Motion
On March 3, 2021, the Second Department issued a decision in Ganach v. Milloul, 2021 NY Slip Op. 01248, affirming the denial of a motion to vacate a default judgment because the plaintiff failed to provide a reasonable excuse for failing to oppose a motion compelling it to make certain payments, explaining: The Supreme Court... Read more »
Foreclosure Action Properly Dismissed Because of the Failure of Plaintiff’s Counsel to Appear at a Status Conference
On March 3, 2021, the Second Department issued a decision in Bank of Am., N.A. v. Sofer, 2021 NY Slip Op. 01242, holding that a foreclosure action was properly dismissed because of the failure of plaintiff’s counsel to appear at a status conference, explaining: In September 2010, the plaintiff commenced this action to foreclose a... Read more »
Verified Complaint Has Same Effect as an Affidavit
On December 24, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Solomon Capital, LLC v. Lion Biotechnologies, Inc., 2020 NY Slip Op. 34359(U), holding that a verified complaint has the same effect as an affidavit, explaining: Here, plaintiffs have successfully argued that leave for reargument must be granted. The... Read more »
Court Erred in Dismissing Action for Failure to Prosecute
On December 23, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Henry, 2020 NY Slip Op. 07863, holding that a trial court erred in dismissing an action for failure to prosecute, explaining: CPLR 3216 permits a court, on its own initiative, to dismiss an action for want of prosecution... Read more »
Judge Cogan Dismisses Civil RICO Action In Response to Plaintiff’s Motion for Default Judgment
Posted by Solomon N. Klein, Litigation Partner *Update: On Jan. 21, 2021,Judge Cogan granted plaintiff’s motion for reconsideration of the order denying default judgment and vacated the order dismissing the action. The Judge found that “unlike its motion for a default judgment, plaintiff for the first time draws the connections between the broadly pleaded allegations... Read more »
Plaintiff Denied Default Judgment Because of Failure to Submit Evidence of Liability
On December 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in 215 W. 28th St. Prop. Owner LLC v. Sibk Constr. Group LLC, 2020 NY Slip Op. 34045(U), denying a motion for default judgment because the plaintiff failed to submit adequate evidence of liability, explaining: On a motion for... Read more »
Court Erred By Dismissing Action Sua Sponte for Failure to Prosecute
On November 12, 2020, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Brown, 2020 NY Slip Op. 06576, holding that a court erred by sua sponte dismissing an action for failure to prosecute, explaining: In this mortgage foreclosure action, the Supreme Court, sua sponte, issued a conditional order of dismissal dated... Read more »
CPLR 3215(c) Requires Only That Plaintiff Move for Default Within One Year, Not That a Default Judgment Be Entered Within One Year
On October 14, 2020, the Second Department issued a decision in Onewest Bank, FSB v. Kanapathipillai, 2020 NY Slip Op. 05764, holding that CPLR 3215(c) requires only that a plaintiff move for a default judgment within one year, not that a default judgment be entered within one year, explaining: The defendant contends that the plaintiff... Read more »