On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip Op. 03692, holding that the IAS court erred in striking the defendant’s answer for failure to appear at a court conference where there was no evidence that the defendant had notice of the conference, explaining: Generally, to… Read more »
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Posts Categorized: Default Judgment
Order Vacating Default Judgment Reversed and Remanded for Traverse Hearing on Service
On May 17, 2018, the First Department issued a decision in Noah Bank v. Hudson Produce, Inc., 2018 NY Slip Op. 03630, reversing an order that vacated a default judgment and remanding for a traverse hearing, explaining: Since defendant is a corporation, CPLR 311(a)(1) governs the method of service in this action. It is undisputed… Read more »
Default Judgment Vacated Because of Possible Misrepresentations in Complaint
On October 10, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Dean Builders Group, Inc. v. Crew Contracting of New Jersey Inc., 2017 NY Slip Op. 32122(U), vacating a default judgment even though the defendants did not proffer a reasonable excuse for the default because of possible misrepresentations in the… Read more »
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 »
Court Properly Granted Default Judgment; No Reasonable Excuse for Default
On March 1, 2017, the Second Department issued a decision in Jing Shan Chen v. R & K 51 Realty, Inc., 2017 NY Slip Op. 01541, affirming the grant of a default judgment because of lack of a reasonable excuse for the default, explaining: To successfully oppose a motion for leave to enter a default… Read more »
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 »
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 »
Default Judgment Reversed; Law Office Failure Sufficient Excuse
On November 29, 2016, the First Department issued a decision in Cheri Restaurant Inc. v. Eoche, 2016 NY Slip Op. 07985, vacating a default judgment, explaining: To obtain relief from a default judgment, a party is required to demonstrate both a reasonable excuse for the default and a meritorious claim or defense to the action…. Read more »
Court Excuses Untimely Motion for Default Judgment
On November 21, 2016, Justice Hudson of the Suffolk County Commercial division issued a decision in Ehrenkranz v. 58 MHR LLC, 2016 NY Slip Op. 32322(U), excusing an untimely motion for default judgment, explaining: If the Plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall… Read more »
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 »