On February 21, 2024, the Second Department issued a decision in Bank of N.Y. Mellon Trust Co., N.A. v. Lagasse, 2024 NY Slip Op. 00889, holding that a party in default cannot assert a defense before the default is vacated . . . Continue reading Party in Default Cannot Assert Defense Before Vacating Default
On December 20, 2023, the Second Department issued a decision in Rosario v. Cummins, 2023 NY Slip Op. 06547, holding that the trial court erred in dismissing a case for failure to file a Note of Issue because the procedural requisites were not met . . . Continue reading Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met
On December 6, 2023, the Second Department issued a decision in U.S. Bank N.A. v. Gonzaga, 2023 NY Slip Op. 06274, dismissing an action for failure timely to seek a default judgment . . . Continue reading Action Dismissed for Failure Timely to Seek a Default Judgment
On October 10, 2023, the First Department issued a decision in Shabtai v. HFZ Capital Group, LLC, 2023 NY Slip Op. 05109, holding that the failure to update the address for service of process is not a sufficient excuse for failing to answer a complaint . . . Continue reading Failure to Update Agent for Service Address No Excuse for Default
On October 6, 2023, the Fourth Department issued a decision in L&W Supply Corp. v. Built-Rite Drywall Corp., 2023 NY Slip Op. 05079, holding that a motion to vacate a default judgment does not require a showing of a reasonable excuse or a meritorious defense . . . Continue reading A Challenge to Default Based on Lack of Personal Jurisdiction Does Not Require Excuse or Showing of Merit
On April 5, 2023, the Second Department issued a decision in HSBC Bank USA, N.A. v. Hutchinson, 2023 NY Slip Op. 01782, holding that a motion to vacate a default judgment should have been denied because of the failure to explain and justify law office failure . . . Continue reading Motion to Vacate Default Denied for Failure Adequately to Explain and Justify Law Office Failure
On March 29, 2023, the Second Department issued a decision in Blue Lagoon, LLC v. Reisman, 2023 NY Slip Op. 01657, holding that the Governor’s COVID orders tolled the time to respond to a motion for summary judgment in lieu of complaint . . . Continue reading Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint
On February 15, 2023, the Second Department issued a decision in Moonachi, Inc. v. U.S. Bank Trust, N.A., 2023 NY Slip Op. 00858, holding that a motion to file a late answer must be denied when the movant fails to provide an excuse for failing timely to answer . . . Continue reading Motion to File Late Answer Denied for Failure to Provide Reasonable Excuse
On January 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jiang v. Howe, 2023 NY Slip Op. 30254(U), vacating a default judgment, holding that counsel’s calendaring error was a sufficient excuse for a default . . . Continue reading Counsel’s Calendaring Error Sufficient Excuse for Default
On January 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50015(U), denying a motion for default judgment for failure to submit either a verified complaint or a sufficient supporting affidavit . . . Continue reading Motion for Default Judgment Denied for Failure to Submit Either Verified Complaint or Supporting Affidavit
