On October 30, 2024, the Second Department issued a decision in U.S. Bank NA.. v. Callegari-Orlando, 2024 NY Slip Op. 05366, holding that a party cannot raise non-jurisdictional defenses if a default judgment against it has not been vacated . . . Continue reading Party Cannot Raise Non-Jurisdictional Defenses If Default Judgment Has Not Been Vacated
On September 24, 2024, the First Department issued a decision in 4CS Ltd v. Kahiri Diamonds Ltd, 2024 NY Slip Op. 04513, holding that ongoing settlement negotiations were an insufficient Continue reading Ongoing Settlement Negotiations Insufficient Excuse for Failure to Answer
On July 8, 2024, Judge Patel of the New York County Commercial Division issued a decision in Charlier v. Agri-Fintech Holdings, Inc., 2024 NY Slip Op. 32645(U), denying a motion for default judgment for failure properly to serve the motion . . . Continue reading Inadequate Service Dooms Motion for Default Judgment
On July 31, 2024, the Second Department issued a decision in Wells Fargo Vendor Fin. Servs., LLC v. Elslawy, 2024 NY Slip Op. 04099, holding that a defendant’s confusion on whether he was being sued does not excuse a failure to answer . . . Continue reading Defendant’s Confusion Over Whether He Was Being Sued Does Not Excuse Failure to Answer
On July 10, 2024, the Second Department issued a decision in Wells Fargo Bank, NA v. Stewart, 2024 NY Slip Op. 03777, holding that ongoing settlement negotiations do not excuse a failure to answer . . . Continue reading Ongoing Settlement Negotiations Do Not Excuse Failure to Answer
On May 15, 2024, the Second Department issued a decision in Wang v. IV – CVCF NEB REO, LLC, 2024 NY Slip Op. 02722, holding that a short delay in serving an answer due to law office failure was sufficient excuse to avoid a default judgment . . . Continue reading Short Delay in Filing Answer Due to Law Office Failure Sufficient Excuse to Avoid Default
On April 30, 2024, the First Department issued a decision in Alghafly v. Ewiess, 2024 NY Slip Op. 02271, affirming the denial of a motion to vacate a default judgment because of the failure to submit an affidavit showing the factual basis for the motion . . . Continue reading Failure to Provide Factual Basis for Vacating Default Dooms Motion to Vacate
On April 18, 2024, the First Department issued a decision in JDS Constr. Group LLC v. Copper Servs., LLC, 2024 NY Slip Op. 02097, holding that counsel’s failure to answer or oppose a motion for default judgment despite telling the client he would do so was a reasonable excuse for the default justifying vacating the default . . . Continue reading Counsel’s Failure to Answer or Oppose Motion for Default Despite Telling Defendant He Would Do So Reasonable Excuse Justifying Vacating the Default
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
