On October 5, 2022, the Second Department issued a decision in HSBC Bank USA, N.A. v. Joseph, 2022 NY Slip Op. 05521, holding that the disbarment of a defendant’s counsel was an insufficient basis to vacating a default judgment . . . Continue reading Counsel’s Disbarment Insufficient Grounds to Vacate Default Judgment
On September 14, 2022, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Simonsen, 2022 NY Slip Op. 05156, holding that a defendant whose lawyer had been suspended from practice could not be defaulted unless served with a notice to appoint new counsel had been served . . . Continue reading Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served
On September 14, 2022, the Second Department issued a decision in Kamil El-Deiry & Assoc. CPA, PLLC v. Excellent Home Care Servs., LLC, 2022 NY Slip Op. 05157, holding that general assertions of law office failure were insufficient to justify vacating a default judgment . . . Continue reading General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment
On August 31, 2022, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Commerce Commercial Group, Inc., 2022 NY Slip Op. 05104, holding that a trial court did not abuse its discretion in denying a motion for default judgment because the defendant presented a reasonable excuse and a meritorious defense . . . Continue reading No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense
On August 10, 2022, the Second Department issued a decision in Brasil-Puello v. Weisman, 2022 NY Slip Op. 04893, holding that a defaulting defendant was not entitled to take discovery in connection with a damages inquest . . . Continue reading Defaulting Party Not Entitled to Take Discovery in Connection with Damages Inquest
On August 10, 2022, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Khalil, 2022 NY Slip Op. 04898, holding that a plaintiff did not untimely seek a default judgment when it began the process of obtaining a judgment within a year of the defendant’s failure to appear . . . Continue reading Motion for Default Judgment Not Untimely When Delay Caused by the Court
On August 3, 2022, the Second Department issued a decision in Cooper v. Mt. Sinai Hosp., 2022 NY Slip Op. 04787, holding that a court erred in dismissing a complaint . . . Continue reading Court Erred in Dismissing Complaint
On July 5, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Signature Fin. LLC v. Endeavor Constr. Group Corp., 2022 NY Slip Op. 32122(U), holding that a business’s failure to update its address with the Secretary of State does not excuse its failure to appear or justify vacating a default judgment . . . Continue reading Failure to Update Address With Secretary of State Does Not Excuse Default
On February 9, 2022, the Second Department issued a decision in Bank of Am., N.A. v. Ali, 2022 NY Slip Op. 00838, vacating a dismissal for failure to prosecute because of the lack of proper notice . . . Continue reading Dismissal for Failure to Prosecute Vacated for Failure to Give Proper Notice
On December 15, 2021, the Second Department issued a decision in Onewest Bank, FSB v. N&R Family Trust, 2021 NY Slip Op. 07008, holding that a court’s dismissal for failure to prosecute was faulty when there was not proper notice . . . Continue reading Dismissal for Failure to Prosecute Faulty When There is Not Proper Notice
