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
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 August 6, 2025, the Second Department issued a decision in James B. Nutter & Co. v. Hutson, 2025 NY Slip Op. 04557, holding that a court should not dismiss an action for failure to prosecute if there is a reasonable excuse for the delay . . . Continue reading Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay
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
