Category: Default Judgment

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

On September 10, 2025, the Second Department issued a decision in EMC Mtge. Corp. v. Anderson, 2025 NY Slip Op. 04877, holding that a defendant in default cannot assert an affirmative defense . . . Continue reading Defendant in Default Cannot Assert Affirmative Defense

On July 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in JG Group Holdings LLC v. Kahlon, 2025 NY Slip Op. 33022(U), refusing to vacate a default judgment because of the movant’s failure adequately to show that it had potentially meritorious claims . . . Continue reading Default Not Vacated Because of Failure Adequately to Show Meritorious Claims

On June 25, 2025, the Second Department issued a decision in Globalized Realty Group, LLC v. Crossroad Realty NY, LLC, 2025 NY Slip Op. 03797, holding that a party that fails to reject a late pleading waives the right to seek a default judgment . . . Continue reading Party That Fails to Reject a Late Pleading Waives Right to Seek a Default Judgment

On May 28, 2025, the Second Department issued a decision in Ping Lin v. Dao Asian Rest., Inc., 2025 NY Slip Op. 03212, holding that it was error for a trial court to refuse to vacate a default judgment when there was sufficient justification for a law office failure . . . Continue reading Default Excused Due to Law Office Failure

On May 28, 2025, the Second Department issued a decision in Triple E. Constr., Inc. v. Green-Citi Mgt., Inc., 2025 NY Slip Op. 03218, holding that conclusory allegations of law office failure are an insufficient basis for opposing a default judgment . . . Continue reading Conclusory Allegations of Law Office Failure Insufficient to Oppose Default Judgment

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