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
On July 8, 2024, Judge Patel of the New York County Commercial Division issued a decision in Charlier v. Agri-Fintech Holdings, Inc., 2024 NY Slip Op. 32645(U), denying a motion for default judgment for failure properly to serve the motion . . . Continue reading Inadequate Service Dooms Motion for Default Judgment
On July 31, 2024, the Second Department issued a decision in Wells Fargo Vendor Fin. Servs., LLC v. Elslawy, 2024 NY Slip Op. 04099, holding that a defendant’s confusion on whether he was being sued does not excuse a failure to answer . . . Continue reading Defendant’s Confusion Over Whether He Was Being Sued Does Not Excuse Failure to Answer
On July 10, 2024, the Second Department issued a decision in Wells Fargo Bank, NA v. Stewart, 2024 NY Slip Op. 03777, holding that ongoing settlement negotiations do not excuse a failure to answer . . . Continue reading Ongoing Settlement Negotiations Do Not Excuse Failure to Answer
