Posts Categorized: Default Judgment

Posted: June 19, 2019

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 »

Posted: April 20, 2019

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 »

Posted: April 16, 2019

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 »

Posted: April 3, 2019

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 »

Posted: March 9, 2019

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 »

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 »