On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY Slip Op. 06474, holding that it was error to vacate a default when there was no reasonable excuse for the default, explaining: In order to vacate a default in appearing at a scheduled court conference, a plaintiff... Read more »
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Posts Categorized: Default Judgment
Dismissal of Foreclosure Action for Failure to Prosecute Vacated
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2019 NY Slip Op. 06529, vacating the dismissal of a foreclosure action for failure to prosecute, explaining: A pleading cannot be dismissed pursuant to CPLR 3216(a) unless a written demand is served upon the party against whom such... Read more »
Failure Timely to Move for Default Judgment Leads to Dismissal of Claim
On July 17, 2019, the Second Department issued a decision in U.S. Bank N.A. v. White, 2019 NY Slip Op. 05713, holding that the failure timely to move for a default judgment is grounds for dismissal, explaining: CPLR 3215(c) provides: If the plaintiff fails to take proceedings for the entry of judgment within one year... Read more »
Corporate Defendant’s Mail Delivery Problems Not Basis for Vacating Default Judgment
On June 17, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fisher v. Lewis Constr. NYC, Inc., 2019 NY Slip Op. 31775(U), holding that a corporate defendant’s mail delivery problems were not a basis for vacating a default judgment, explaining: Under CPLR 5015(a)(1), a court may relieve a party... Read more »
Court Denies Default Judgment for Lack of Evidence Supporting Plaintiff’s Claim
On June 6, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Stone & Broad Inc. v. Nextel of N.Y., Inc., 2019 NY Slip Op. 31600(U), denying a motion for default judgment for lack of evidence supporting the plaintiff’s claims, explaining: In this motion, plaintiff seeks a default judgment in... Read more »
Court Grants Default Judgment; No Good Cause Shown for Failure Timely to Answer
On March 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Black Pearl Global Opportunity Fund v. Summit Equtites LLC, 2019 NY Slip Op. 30917(U), granting a default judgment because the defendant showed no good cause for failing timely to answer, explaining: Where, as here, a defendant does not timely... Read more »
Failure to Seek Default Judgment Within One Year of Default Results in Dismissal of Claims
On March 13, 2019, Justice Knipel of the Kings County Commercial Division issued a decision in Matter of Lev v. Rosenberg, 2019 NY Slip Op. 30824(U), holding that a defendant’s failure to seek a default judgment within one year of the plaintiff’s failure to respond to the defendant’s counterclaims was grounds for dismissal of those... Read more »
Court Declines to Issue Declaratory Judgment on Default; Hearing Necessary
On March 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in West Harlem Community Org., Inc. v. West Harlem Community Org. Local Dev. Corp., 2019 NY Slip Op. 30657(U), declining to issue a declaratory judgment on default, explaining: Plaintiffs also seek a declaratory judgment. However, New York courts rarely grant... Read more »
Defendant Granted Default Judgment on its Counterclaims Against Plaintiff
On February 8, 2019, Justice Masley of the New York County Commercial Division issued a decision in K’s Intl. Polybags Mfg. Ltd. v. M.T. Packaging Inc., 2019 NY Slip Op. 30333(U), granting a defendant default judgment on its counterclaims against a plaintiff, explaining: When a defendant has failed to appear, plead or proceed to trial of... Read more »
No Appeal From Default Judgment; Appellant Should Have Moved to Vacate and Appealed The Denial
On September 28, 2018, the Fourth Department issued a decision in Montanaro v. Weichert, 2018 NY Slip Op. 06354, holding that there is no appeal from a default judgment, explaining: It is well settled that no appeal lies from an order or judgment entered on default, and thus the appeal must be dismissed. Defendants’ remedy was... Read more »