Motion for Default Judgment Denied for Failure to Submit Either Verified Complaint or Supporting Affidavit

Motion for Default Judgment Denied for Failure to Submit Either Verified Complaint or Supporting Affidavit

On January 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50015(U), denying a motion for default judgment for failure to submit either a verified complaint or a sufficient supporting affidavit . . . Continue reading Motion for Default Judgment Denied for Failure to Submit Either Verified Complaint or Supporting Affidavit

Failure to Comply With Service Rules Leads to Denial of Motion for Default Judgment

Failure to Comply With Service Rules Leads to Denial of Motion for Default Judgment

On December 22, 2022, Justice Reed of the New York County Commercial Division issued a decision in Lam Group v. Anthony T. Rinaldi LLC, 2022 NY Slip Op. 51302(U), holding that failure to comply with CPLR 3215’s service rules required denial of a motion for default judgment . . . Continue reading Failure to Comply With Service Rules Leads to Denial of Motion for Default Judgment

Action Should Have Been Dismissed for Failure to Move for Default Judgment Within One Year of Default

Action Should Have Been Dismissed for Failure to Move for Default Judgment Within One Year of Default

On December 7, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Benitez, 2022 NY Slip Op. 06952, holding that the trial court should have dismissed the plaintiff’s claims for failure to move for a default judgment within one year of the default . . . Continue reading Action Should Have Been Dismissed for Failure to Move for Default Judgment Within One Year of Default

Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment

Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment

On November 30, 2022, the Second Department issued a decision in Wells Fargo, N.A. v. Parker, 2022 NY Slip Op. 06831, holding that marking a case off calendar for counsel’s failure to appear does not have the same legal effect as a default judgment . . . Continue reading Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment

Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served

Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served

On September 14, 2022, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Simonsen, 2022 NY Slip Op. 05156, holding that a defendant whose lawyer had been suspended from practice could not be defaulted unless served with a notice to appoint new counsel had been served . . . Continue reading Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served

General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment

General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment

On September 14, 2022, the Second Department issued a decision in Kamil El-Deiry & Assoc. CPA, PLLC v. Excellent Home Care Servs., LLC, 2022 NY Slip Op. 05157, holding that general assertions of law office failure were insufficient to justify vacating a default judgment . . . Continue reading General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment

No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense

No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense

On August 31, 2022, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Commerce Commercial Group, Inc., 2022 NY Slip Op. 05104, holding that a trial court did not abuse its discretion in denying a motion for default judgment because the defendant presented a reasonable excuse and a meritorious defense . . . Continue reading No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense