On May 28, 2025, the Second Department issued a decision in Ping Lin v. Dao Asian Rest., Inc., 2025 NY Slip Op. 03212, holding that it was error for a trial court to refuse to vacate a default judgment when there was sufficient justification for a law office failure . . . Continue reading Default Excused Due to Law Office Failure
On May 28, 2025, the Second Department issued a decision in Triple E. Constr., Inc. v. Green-Citi Mgt., Inc., 2025 NY Slip Op. 03218, holding that conclusory allegations of law office failure are an insufficient basis for opposing a default judgment . . . Continue reading Conclusory Allegations of Law Office Failure Insufficient to Oppose Default Judgment
On May 21, 2025, the Second Department issued a decision in BJ Integra Affordable, LLC v. Vanmew Hous. Dev. Fund Corp., 2025 NY Slip Op. 03035, holding that the failure of the Secretary of State timely to forward papers was an excuse for a default . . . Continue reading Secretary of State’s Failure to Timely Forward Papers Excuse for Default
On May 21, 2025, the Second Department issued a decision in CitiMortgage, Inc. v. Ramlal, 2025 NY Slip Op. 03037, holding that a motion to vacate a default judgment based on law office failure must be supported by detailed and credible facts . . . Continue reading Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts
On March 19, 2025, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Nifenecker, 2025 NY Slip Op. 01666, dismissing claims for failure to move for default judgment within one year of the default . . . Continue reading Claims Dismissed for Failure to Move for a Default Judgment Within One Year of the Default
On February 5, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Garriques, 2025 NY Slip Op. 00648, holding that a defendant forfeited the right to seek dismissal for failure timely to seek a default judgment by serving a late answer . . . Continue reading Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer
On December 31, 2024, Justice Masley of the New York County Commercial Division issued a decision in Universal Inv. Advisory SA v. Bakrie Telecom Pte, Ltd, 2024 NY Slip Op. Continue reading Defendants Required to Pay Cost of Plaintiff’s Motion for Default as Condition for Denying the Motion
On January 6, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bank of India, N.Y. Branch v. Anaya Gems, Inc., 2025 NY Slip Op. Continue reading Court Excuses Failure Timely to Move for Default Judgment
On December 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Homapour v. 3M Props., LLC, 2024 NY Slip Op. 34518(U), excusing a 10-month Continue reading Court Excuses 10-Month Delay in Answering Cross-Claim
On December 11, 2024, the Second Department issued a decision in Selene Fin., L.P. v. Beltran, 2024 NY Slip Op. 06230, holding that a detailed explanation of law office failure is sufficient to justify vacating a default judgment . . . Continue reading Detailed Explanation of Law Office Failure Sufficient to Justify Vacating Default
