When a Filing is Not a Filing
- Aug 20 2025
By: Jeffrey M. Haber On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal, 2025 N.Y. Slip Op. 32804(U) (Sup. …
Posts Tagged ‘ Default Judgement ’
Execution of Two Stipulations Proves Fatal to Defendant’s Motion for Relief Under CPLR 317
- Jul 18 2025
By: Jonathan H. Freiberger Appearing in an action may give rise to a waiver of a litigant’s right to challenge the court’s jurisdiction over the litigant. As explained in prior …
“Just Once”[1] (The Second Department Reiterates That There is No Need to File an Answer to a Supplemental Complaint When an Answer was Interposed to the Original Complaint)
- Feb 28 2025
By: Jonathan H. Freiberger “Just Once,” which is an appropriate title for today’s article, is a James Ingram song from Quincy Jones’ “The Dude” album; an album I have listened …
Don’t Unwittingly Waive Goodbye to the Defense of Lack of Personal Jurisdiction
- Feb 14 2025
By: Jonathan H. Freiberger It is axiomatic that a “plaintiff appears [in an action] merely by bringing it.” Deutsche Bank Nat. Trust Co. v. Hall, 185 A.D.3d 1006, 1007 (2nd …
The Stress of Bar Association Activities Sufficient to Support the Defense of Law Office Failure
- Feb 12 2025
By: Jeffrey M. Haber Now and then a lawyer fails to meet a deadline or otherwise acts untimely. Several “saving” provisions in the Civil Practice Law and Rules (“CPLR”) are …
“Initiating Proceedings” Under CPLR 3215(c) Revisited
- Feb 7 2025
By: Jonathan H. Freiberger Today we revisit CPLR 3215(c), a provision addressed by this BLOG several times before. See, e.g., [here], [here], [here], [here], [here], [here] and [here]. As previously …
Plaintiff’s Filing of an Affidavit of Service of the Summons and Complaint Several Days Late Results in the Vacatur of a Default Judgment Obtained Over Six Years Earlier
- Aug 24 2018
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 …
