Friday, May 12, 2017

Default judgments.

Practice point:  A plaintiff applying for a default judgment must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear, pursuant to CPLR 3215(f).

A defendant seeking to vacate a default in answering a complaint and to compel the plaintiff to accept an untimely answer must show both a reasonable excuse for the default and the existence of a potentially meritorious defense, pursuant to CPLR 2004.

Case:  Bank of Am., N.A. v. Agarwal, NY Slip Op 03467 (2d Dep't May 3, 2017)

Here is the decision.

Monday's issue:  A municipality's liability.