On December 28, 2022, the Second Department issued a decision in Deutsche Bank Trust Co. Ams. v. Smith, 2022 NY Slip Op. 07436, holding that where a plaintiff unreasonably fails to move for default judgment within a year of the default, the action must be dismissed . . . Continue reading Action Dismissed for Failure Timely to Move for Default Judgment
On December 22, 2022, Justice Reed of the New York County Commercial Division issued a decision in Lam Group v. Anthony T. Rinaldi LLC, 2022 NY Slip Op. 51302(U), holding that failure to comply with CPLR 3215’s service rules required denial of a motion for default judgment . . . Continue reading Failure to Comply With Service Rules Leads to Denial of Motion for Default Judgment
On December 7, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Benitez, 2022 NY Slip Op. 06952, holding that the trial court should have dismissed the plaintiff’s claims for failure to move for a default judgment within one year of the default . . . Continue reading Action Should Have Been Dismissed for Failure to Move for Default Judgment Within One Year of Default
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
On October 5, 2022, the Second Department issued a decision in Codrington v. Churcher, 2022 NY Slip Op. 05517, holding that to constitute a reasonable excuse for a default, law office failure must be explained in detail . . . Continue reading To Constitute a Reasonable Excuse for a Default, Law Office Failure Must be Explained in Detail
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
