Category: 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 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 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 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

On October 20, 2021, the Second Department issued a decision in CitiMortgage, Inc. v. Nunez, 2021 NY Slip Op. 05689, denying a motion to vacate a default judgment because of, among other reasons, the defendant’s delay in making the motion . . . . Continue reading Motion to Vacate Default Judgment Denied Because of, Among Other Reasons, Defendant’s Delay in Bringing Motion