On October 14, 2026, the Second Department issued a decision in U.S. Bank N.A. v. Fulford, 2026 NY Slip Op. 05989, holding that a motion to vacate a default judgment for fraud failed for lack of an excuse of the default . . . Continue reading Motion to Vacate Default Judgment For Fraud Fails for Lack of Excuse for Default
On October 7, 2026, the Second Department issued a decision in NYCTL 1998-2 Trust v. Phillip, 2026 NY Slip Op. 05802, holding that the death of a party in default did not stay an action . . . Continue reading Death of Party in Default Does Not Stay Action
On September 30, 2026, the Second Department issued a decision in Flagstar Bank, FSB v. Roberts, 2026 NY Slip Op. 05519, holding that requesting a foreclosure settlement conference met the requirement for moving for a default judgment . . . Continue reading Request for Foreclosure Settlement Meets Requirement for Moving for Default Judgment
On September 30, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Aprile, 2026 NY Slip Op. 05569, holding that a party in default cannot assert an affirmative defense . . . Continue reading Party in Default Cannot Assert Affirmative Defense
On September 2, 2026, the Second Department issued a decision in HSBC Bank USA, N.A. v. Wharton, 2026 NY Slip Op. 05172, holding that a claim was abandoned because the plaintiff failed to move for a default judgment within one year . . . Continue reading Claim Dismissed as Abandoned for Failure Timely to Move for Default Judgment
On August 19, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Ittayem, 2026 NY Slip Op. 05056, holding that a defendant in default cannot raise non-jurisdictional defenses . . . Continue reading Defendant in Default Cannot Raise Non-Jurisdictional Defenses
On August 26, 2026, the Second Department issued a decision in Aladin v. Kensington Ins. Co., 2026 NY Slip Op. 05067, holding that a party cannot appeal an ordered against it on default . . . Continue reading Party Cannot Appeal Order Entered Against it on Default
On August 5, 2026, the Second Department issued a decision in Abingdon Realty Co., LLC v. Finkelshteyn, 2026 NY Slip Op. 04828, holding that a party’s counsel being on vacation was not a reasonable excuse for failing to oppose a motion . . . Continue reading Counsel’s Vacation Was Not a Reasonable Excuse for Failing to Oppose a Motion
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
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
