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
On December 3, 2024, the First Department issued a decision in Kanner v. Westchester Med. Group, P.L.L.C., 2024 NY Slip Op. 06009, holding that a factual affidavit supporting a motion to vacate a default judgment was unnecessary when a meritorious defense was clear on the face of documentary evidence submitted in support of the motion . . . Continue reading Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence
On November 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Brownell v. JSD Fund II, LLC, 2024 NY Slip Op. 34093(U), entering a default judgment against an LLC that attempted to appear pro se . . . Continue reading Default Judgment Entered Against LLC That Attempted to Appear Pro Se
On November 6, 2024, the Second Department issued a decision in Anthony Ambrosio Irrevocable Legacy Trust Dated July 11, 2011 v. Kamal Servs., LLC, 2024 NY Slip Op. 05429, holding that specific evidence of law office failure justified vacating a default judgment . . . Continue reading Specific Evidence of Law Office Failure Justified Vacating Default
On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in SNCO Cap LLC v. Kaufman, 2024 NY Slip Op. 33816(U), holding that confusion over the capacity in which a person was served was not a reasonable excuse justifying vacating a default judgment . . . Continue reading Confusion Over the Capacity in Which a Person Was Served Not a Reasonable Excuse Justifying Vacating Default
On October 30, 2024, the Second Department issued a decision in U.S. Bank NA.. v. Callegari-Orlando, 2024 NY Slip Op. 05366, holding that a party cannot raise non-jurisdictional defenses if a default judgment against it has not been vacated . . . Continue reading Party Cannot Raise Non-Jurisdictional Defenses If Default Judgment Has Not Been Vacated
On September 24, 2024, the First Department issued a decision in 4CS Ltd v. Kahiri Diamonds Ltd, 2024 NY Slip Op. 04513, holding that ongoing settlement negotiations were an insufficient Continue reading Ongoing Settlement Negotiations Insufficient Excuse for Failure to Answer
