Failure Timely to Move for Default Judgment Excused by Desire Not to Disrupt Settlement Negotiations
Commercial Case Notes / Default Judgment

Failure Timely to Move for Default Judgment Excused by Desire Not to Disrupt Settlement Negotiations

On March 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in 373-381 PAS Assoc., LLC v. Moss & Moss LLP, 2024 NY Slip Op. 30794(U), holding that the failure timely to move for default judgment was excused by the plaintiff’s desire not to disrupt settlement negotiations . . . Continue reading Failure Timely to Move for Default Judgment Excused by Desire Not to Disrupt Settlement Negotiations

Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met
Commercial Case Notes / Default Judgment

Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met

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

A Challenge to Default Based on Lack of Personal Jurisdiction Does Not Require Excuse or Showing of Merit
Commercial Case Notes / Default Judgment / Personal Jurisdiction

A Challenge to Default Based on Lack of Personal Jurisdiction Does Not Require Excuse or Showing of Merit

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

Motion to Vacate Default Denied for Failure Adequately to Explain and Justify Law Office Failure
Commercial Case Notes / Default Judgment

Motion to Vacate Default Denied for Failure Adequately to Explain and Justify Law Office Failure

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

Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint
Commercial Case Notes / Default Judgment / Statute of Limitation/Laches

Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint

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

Motion to File Late Answer Denied for Failure to Provide Reasonable Excuse
Commercial Case Notes / Court Rules and Procedures / Default Judgment

Motion to File Late Answer Denied for Failure to Provide Reasonable Excuse

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