Action Dismissed as Abandoned Because Plaintiff Failed to Seek a Default Judgment Within One Year of the Defendant’s Default
Commercial Case Notes / Default Judgment

Action Dismissed as Abandoned Because Plaintiff Failed to Seek a Default Judgment Within One Year of the Defendant’s Default

On July 29, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Rosenblatt, 2026 NY Slip Op. 04788, holding that an action should have been dismissed because of the plaintiff’s failure to seek a default judgment within one year of the defendant’s default . . . Continue reading Action Dismissed as Abandoned Because Plaintiff Failed to Seek a Default Judgment Within One Year of the Defendant’s Default

Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served
Commercial Case Notes / Default Judgment / Service of Process

Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served

On July 9, 2026, the First Department issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 04370, holding that a court did not abuse its discretion in denying a default judgment against a defendant whose answer was four months later because of questions regarding whether the defendant was served . . . Continue reading Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served