On May 13, 2026, the Second Department issued a decision in U.S. Bank N.A. v. Islam, 2026 NY Slip Op. 03015, holding that an action should be dismissed if the plaintiff failed timely to seek a default judgment . . . Continue reading Action Should be Dismissed for Failure Timely to Move for a Default Judgment
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
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
On March 10, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Levien v. Mancorp Realty Co. L.L.C., 2026 NY Slip Op. 30947(U), vacating a default judgment because the defendant did not have notice of the lawsuit . . . Continue reading Court Vacates Default Judgment Because Defendant Did Not Have Notice of the Lawsuit
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
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
On December 3, 2025, the Second Department issued a decision in Montrose v. Jean-Jacques, 2025 NY Slip Op. 06701, holding that law office failure amounting only to mere neglect was an insufficient basis to vacate a default judgment . . . Continue reading Law Office Failure Amounting to Mere Neglect Insufficient Basis to Vacate Default Judgment
On December 3, 2025, the Second Department issued a decision in U.S. Bank Trust N.A. v. Roca, 2025 NY Slip Op. 06748, holding that waiting to see if a suit settles is an insufficient excuse for failing timely to file an answer . . . Continue reading Waiting to See if Suit Settles Insufficient Excuse for Failing Timely to Answer
On September 24, 2025, Justice Patel of the New York County Commercial Division issued a decision in Ahmed v. Ahmed, 2025 NY Slip Op. 33668(U), granting a default judgment in favor of the defendant and against the plaintiff on the defendant’s counterclaims . . . Continue reading Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims
On August 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in McMillan v. Out-Look Safety LLC, 2025 NY Slip Op. 33247(U), denying a motion for default judgment for failure to plead facts establishing the claim . . . Continue reading Default Judgment Denied for Failure to Plead Facts Establishing Claim
