On June 25, 2025, the Second Department issued a decision in Globalized Realty Group, LLC v. Crossroad Realty NY, LLC, 2025 NY Slip Op. 03797, holding that a party that fails to reject a late pleading waives the right to seek a default judgment, explaining:
Pursuant to CPLR 2101(f), the party on whom a paper is served shall be deemed to have waived objection to any defect in form unless, within fifteen days after the receipt thereof, the party on whom the paper is served returns the paper to the party serving it with a statement of particular objections. Here, the plaintiff’s undisputed failure to reject Furia and Crossroad’s answer within the 15-day statutory time frame constituted a waiver of the late service and the default. Moreover, the plaintiff did not move for leave to enter a default judgment against Furia and Crossroad. Therefore, the Supreme Court should not have rejected the answer of Furia and Crossroad.
(Internal quotations and citations omitted).