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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
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 properly denied the plaintiff’s motion to vacate the order and judgment. A party seeking to vacate a judgment entered upon his or her default in opposing a motion must demonstrate a reasonable excuse for the default and a potentially meritorious opposition to the motion. Here, the plaintiff failed to demonstrate a reasonable excuse for his default in opposing the defendant’s motion. Further, the plaintiff failed to explain why he waited approximately one year after the court granted the defendant’s motion and entered the order and judgment before moving to vacate his default.

In light of the plaintiff’s failure to establish a reasonable excuse for his default, it is not necessary to determine whether he demonstrated a potentially meritorious opposition to the defendant’s motion.

(Internal quotations and citations omitted).

If you are served with a complaint and fail timely to answer, or if you appear but fail to appear at conferences or oppose a motion, the court can enter judgment against you: a default judgment. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have questions regarding whether you have been properly served or if a default judgment has been entered against you.

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