By Jonathan H. Freiberger Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff …
By Jonathan H. Freiberger As explained in our Blog entitled: “Get Rid of a Stale Mortgage By Bringing an Action Under RPAPL 1501(4),” mortgage on real property are typically delivered …
By Jonathan H. Freiberger This Blog has previously discussed informal appearances in an article aptly titled: “Informal Appearances,” from which the introductory information related to informal appearances is taken. Informal …
By Jonathan H. Freiberger On February 16, 2022, the Appellate Division, Second Department, decided Bank of New York Mellon Trust Company v. Lee, a mortgage foreclosure action that was dismissed, …
By Jonathan H. Freiberger On January 5, 2022, the Second Department decided Citibank, N.A. v. Kerszko. The appeal in Citibank raised numerous “interesting and unusual issues,” but the focus of …
Summary judgment is a procedural device permitting a litigant to seek judgment without a trial in circumstances where all issues in a case can be decided by a judge as …
CPLR 3215(c), which encourages the prompt entry of default judgments, provides: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the …
After being served with a summons and complaint in a lawsuit, a defendant generally appears and serves an answer or makes a motion seeking to dismiss some or all of …
It makes sense that a “plaintiff appears merely by bringing it.” Deutsche Bank Nat. Trust Co. v. Hall, ____ N.Y.S.3d ___, 2020 WL 4342753 (July 29, 2020) (citation and internal …
Several recent residential mortgage foreclosure actions are a good reminder of the importance of promptly moving for default judgments against non-appearing defendants. Rule 3215(c) of the New York Civil Practice …
