Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment
Commercial Case Notes / Default Judgment

Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment

On November 30, 2022, the Second Department issued a decision in Wells Fargo, N.A. v. Parker, 2022 NY Slip Op. 06831, holding that marking a case off calendar for counsel’s failure to appear does not have the same legal effect as a default judgment . . . Continue reading Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment

Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served
Commercial Case Notes / Default Judgment / Law Firms and Professional Ethics

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 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

General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment
Commercial Case Notes / Default Judgment

General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment

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

No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense
Commercial Case Notes / Default Judgment

No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense

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

Motion for Default Judgment Not Untimely When Delay Caused by the Court
Commercial Case Notes / Default Judgment

Motion for Default Judgment Not Untimely When Delay Caused by the Court

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

Failure to Update Address With Secretary of State Does Not Excuse Default
Commercial Case Notes / Default Judgment

Failure to Update Address With Secretary of State Does Not Excuse Default

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