Thursday, January 14, 2016

Default judgment denied.

Practice point:  The Appellate Division affirmed the motion court's denial of defendants' motion for a default judgment. Plaintiff's counsel asserted that the delay was due to counsel's error, and there was no evidence of prejudice to defendants.

Student note:  There is a strong public policy of resolving controversies on the merits.

Case:  Oberon Sec. LLC v. Parmar, NY Slip Op 00044 (1st Dept. 2016)

Here is the decision.

Tomorrow's issue:  A Labor Law § 241(6) claim.