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 …
By: Jeffrey M. Haber Default judgments are a part of litigation. In New York, a default judgment may be entered “[w]hen a defendant has failed to appear, plead or proceed to …
This Blog has frequently addressed evidentiary issues faced by foreclosing lenders. See, e.g., [here], [here], [here], [here],[here]. On July 21, 2021, the Appellate Division, Second Department, decided Deutsche Bank National …
Like attending school in your underwear, missing a scheduled Court appearance is a recurring nightmare for attorneys. If an appearance is missed, there can be several and severe consequences. Rule …
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 …
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 …
If a domestic or authorized foreign corporation is named as a defendant in a lawsuit pending in New York, section 306 of New York’s Business Corporation Law permits service of …
In order to obtain personal jurisdiction over an individual defendant (a natural person) in a lawsuit, the plaintiff must serve the defendant with a copy of the summons. CPLR 308 …
