Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts

Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts

On May 21, 2025, the Second Department issued a decision in CitiMortgage, Inc. v. Ramlal, 2025 NY Slip Op. 03037, holding that a motion to vacate a default judgment based on law office failure must be supported by detailed and credible facts . . . Continue reading Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts

Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer

Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer

On February 5, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Garriques, 2025 NY Slip Op. 00648, holding that a defendant forfeited the right to seek dismissal for failure timely to seek a default judgment by serving a late answer . . . Continue reading Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer

Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence

Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence

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