Blogs

Posts Categorized: Default Judgment

Posted: June 2, 2021

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 »

Posted: March 6, 2021

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 »

Posted: March 5, 2021

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 »

Posted: January 18, 2021

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 »

Posted: December 22, 2020

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 »

Posted: December 22, 2020

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 »

Posted: October 31, 2020

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 »