Posts Categorized: Default Judgment

Posted: July 13, 2015

Action Dismissed as Abandoned Because Plaintiff Had No Reasonable Excuse for Not Prosecuting Case

On June 17, 2015, the Second Department issued a decision in Ohio Savings Bank v. Decaudin, 2015 NY Slip Op. 05165, affirming the dismissal of an action. In Ohio Savings Bank, the defendant moved to dismiss an action as abandoned. The Second Department affirmed the trial court’s decision granting the motion, explaining: To avoid dismissal... Read more »

Posted: June 27, 2015

Default Judgments Reversed for Insufficient Proof of Service

On June 19, 2015, the Fourth Department issued a decision in Interboro Insurance Co. v. Tahir, 2015 NY Slip Op. 05378, analyzing the sufficiency of the proof of service submitted in support of a motion for default judgment. In Interboro Insurance Co., the trial court denied the plaintiff’s motion for default judgment against three defendants–Bushra... Read more »

Posted: January 31, 2015

Court Accepts Late Reply to Counterclaim Where Delay Was Result of Law Office Failure

On January 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in West 17th St. & Tenth Ave, Realty, LLC v. The N.E.W. Corp., 2015 NY Slip Op. 30041(U), discussing the standard for law office failure sufficient to justify denying a default judgment. In West 17th St. & Tenth Ave,... Read more »

Posted: December 8, 2014

Conclusory Allegations of Law Office Failure Insufficient to Justify Vacating Default Judgment

On December 3, 2014, the Second Department issued a decision in Neilson v. 6D Farm Corp., 2014 NY Slip Op. 08409, affirming the denial of a motion to vacate a default judgment. In Neilson, the Second Department affirmed, among other things, a trial court decision denying a motion for leave to file a late answer... Read more »

Posted: October 4, 2014

Law Office Failure Good Cause for Failure Timely to Answer

On September 23, 2014, the First Department issued a decision in Metropolitan Property & Casualty Insurance Co. v. Braun, 2014 NY Slip Op. 06283, affirming a decision extending a defendant’s time to answer. In Metropolitan Property & Casualty Insurance, the First Department affirmed the trial court’s decision denying the “plaintiffs’ motion for a default judgment... Read more »

Posted: August 24, 2014

Court Refuses to Vacate Default Judgment Where Defendant Provides no Reasonable Excuse for his Failure to Answer

On August 5, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Wells Fargo Bank, N.A. v. Pasciuta, 2014 NY Slip Op. 32113(U), granting a default judgment. In Wells Fargo Bank, the plaintiff moved for default judgment against the defendant and the defendant cross-moved to vacate the default and answer. Notwithstanding... Read more »

Posted: March 26, 2014

Default Judgment Not Vacated When No Reasonable Excuse is Offered for the Default

On March 25, 2014, the First Department issued a decision in Sunrise Capital Partners Management LLC v. Glattstein, 2014 NY Slip Op. 01994, affirming a default judgment. In Sunrise Capital Partners, the trial court granted the plaintiff judgment by default when the defendants failed to answer and later denied the defendants’ motion to vacate the default... Read more »