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
On September 5, 2025, Justice Crane of the New York County Commercial Division issued a decision in Travers v. Lubin, 2025 NY Slip Op. 33341(U), holding that a defendant’s general claims of medical problems were insufficient to justify vacating a default judgment . . . Continue reading Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment
On September 17, 2025, the Second Department issued a decision in PennyMac Corp. v. Dean-Phillips, 2025 NY Slip Op. 05002, holding that general claims of attorney unavailability were an insufficient justification to vacate a default judgment . . . Continue reading General Claims of Attorney Unavailability Insufficient Justification to Vacate Default
On August 20, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bldg 44 Devs. LLC v. Pace Cos. N.Y., LLC, 2025 NY Slip Op. 33126(U), declining to grant a default judgment based on the failure to appear by counsel due to the plaintiff’s failure submit facts establishing its claim . . . Continue reading Default Judgment Based on Failure to Appear by Counsel Denied for Failure to Submit Facts Establishing its Claim
On August 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Benuvia Holdings, LLC v Next Frontier Holdings, Inc., 2025 NY Slip Op. 33220(U), denying default judgment on claims where the plaintiff alleged facts only upon information and belief . . . Continue reading Default Judgment Denied on Claims Where the Plaintiff Only Alleged Facts Upon Information and Belief
