Practice point: A plaintiff demonstrates entitlement to a default judgment by submitting proof of service; proof of the facts constituting its claim; and proof of defendant's default in answering or appearing, pursuant CPLR 3215[f].
Practitioners should note that, to avoid the entry of a default judgment, defendant must demonstrate a reasonable excuse for default and a meritorious defense to the action, pursuant to CPLR 5015[a][1].
Case: Mercury Cas. Co. v. Surgical Ctr. at Milburn, LLC, NY Slip Op 06516 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Employment Law.
