On March 20, 2024, the Second Department issued a decision in Saleh v. Hudson 418 Riv. Rd., Ltd., 2024 NY Slip Op. 01573, holding that an injunction granted on default should not have been vacated when there was no reasonable excuse for the default . . . Continue reading Court Erred in Vacating Injunction Granted on Default When There Was No Reasonable Excuse for the Default
On March 15, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Midland Min. Ltd. v. Frank, 2024 NY Slip Op. 50313(U), holding that a defendant’s failure timely to check his mail was no excuse for failing timely to answer . . . Continue reading Failure Timely to Check Mail Is No Excuse for Failure Timely to Answer
On March 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in 373-381 PAS Assoc., LLC v. Moss & Moss LLP, 2024 NY Slip Op. 30794(U), holding that the failure timely to move for default judgment was excused by the plaintiff’s desire not to disrupt settlement negotiations . . . Continue reading Failure Timely to Move for Default Judgment Excused by Desire Not to Disrupt Settlement Negotiations
On February 28, 2024, the Second Department issued a decision in Christiana Trust v. Victor, 2024 NY Slip Op. 00994, holding that the service of an answer waived a defendant’s entitlement to dismissal for failure to prosecute . . . Continue reading Service of Answer Waived Entitlement to Dismissal for Failure to Prosecute
On February 21, 2024, the Second Department issued a decision in Bank of N.Y. Mellon Trust Co., N.A. v. Lagasse, 2024 NY Slip Op. 00889, holding that a party in default cannot assert a defense before the default is vacated . . . Continue reading Party in Default Cannot Assert Defense Before Vacating Default
On December 20, 2023, the Second Department issued a decision in Rosario v. Cummins, 2023 NY Slip Op. 06547, holding that the trial court erred in dismissing a case for failure to file a Note of Issue because the procedural requisites were not met . . . Continue reading Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met
On December 6, 2023, the Second Department issued a decision in U.S. Bank N.A. v. Gonzaga, 2023 NY Slip Op. 06274, dismissing an action for failure timely to seek a default judgment . . . Continue reading Action Dismissed for Failure Timely to Seek a Default Judgment
On October 10, 2023, the First Department issued a decision in Shabtai v. HFZ Capital Group, LLC, 2023 NY Slip Op. 05109, holding that the failure to update the address for service of process is not a sufficient excuse for failing to answer a complaint . . . Continue reading Failure to Update Agent for Service Address No Excuse for Default
On October 6, 2023, the Fourth Department issued a decision in L&W Supply Corp. v. Built-Rite Drywall Corp., 2023 NY Slip Op. 05079, holding that a motion to vacate a default judgment does not require a showing of a reasonable excuse or a meritorious defense . . . Continue reading A Challenge to Default Based on Lack of Personal Jurisdiction Does Not Require Excuse or Showing of Merit
On April 5, 2023, the Second Department issued a decision in HSBC Bank USA, N.A. v. Hutchinson, 2023 NY Slip Op. 01782, holding that a motion to vacate a default judgment should have been denied because of the failure to explain and justify law office failure . . . Continue reading Motion to Vacate Default Denied for Failure Adequately to Explain and Justify Law Office Failure
