Action Dismissed as Abandoned Because Plaintiff Failed to Seek a Default Judgment Within One Year of the Defendant’s Default
Commercial Case Notes / Default Judgment

Action Dismissed as Abandoned Because Plaintiff Failed to Seek a Default Judgment Within One Year of the Defendant’s Default

On July 29, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Rosenblatt, 2026 NY Slip Op. 04788, holding that an action should have been dismissed because of the plaintiff’s failure to seek a default judgment within one year of the defendant’s default . . . Continue reading Action Dismissed as Abandoned Because Plaintiff Failed to Seek a Default Judgment Within One Year of the Defendant’s Default

Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served
Commercial Case Notes / Default Judgment / Service of Process

Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served

On July 9, 2026, the First Department issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 04370, holding that a court did not abuse its discretion in denying a default judgment against a defendant whose answer was four months later because of questions regarding whether the defendant was served . . . Continue reading Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served

Motion to Vacate, Not Motion to Reargue, is Proper Means to Address a Decision Made on Default
Commercial Case Notes / Court Rules and Procedures / Default Judgment

Motion to Vacate, Not Motion to Reargue, is Proper Means to Address a Decision Made on Default

On April 15, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Congregation Khal Chasidei Skwera, Inc., 2026 NY Slip Op. 02297, holding that a motion to vacate, not a motion for reargument, is the proper way to challenge a decision made on default . . . Continue reading Motion to Vacate, Not Motion to Reargue, is Proper Means to Address a Decision Made on Default

Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment
Commercial Case Notes / Court Rules and Procedures / Default Judgment

Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment

On March 11, 2026, Justice Patel of the New York County Commercial Division issued a decision in Pepper v. Di Angelo, 2026 NY Slip Op. 30934(U), holding that a purported error in the nature of a reference to a referee was not a basis for vacating a judgment . . . Continue reading Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment

Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear
Commercial Case Notes / Default Judgment / Service of Process

Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear

On March 4, 2026, Justice Reed of the New York County Commercial Division issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 50268(U), holding that a detailed explanation of why service was not effected is a sufficient excuse for failing timely to appear . . . Continue reading Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear

Motion to Vacate Default Fails for Lack of Reasonable Excuse or Showing of Merit
Commercial Case Notes / Default Judgment

Motion to Vacate Default Fails for Lack of Reasonable Excuse or Showing of Merit

On February 2, 2026, Justice Reed of the New York County Commercial Division issued a decision in Chen Dongwu v. New York City Regional Ctr. LLC, 2026 NY Slip Op. 50258(U), denying a motion to vacate a default judgment for failure to show either a reasonable excuse or a meritorious defense . . . Continue reading Motion to Vacate Default Fails for Lack of Reasonable Excuse or Showing of Merit