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Posts Categorized: Default Judgment

Posted: October 8, 2018

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 »

Posted: May 28, 2018

Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference

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 »

Posted: May 24, 2018

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 »

Posted: October 22, 2017

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 »

Posted: August 21, 2017

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 »

Posted: March 5, 2017

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 »

Posted: February 24, 2017

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 »