Student note: The showing must include a viable excuse for the delay, and a demonstrably meritorious cause of action.
Case: Utak v. Commerce Bank Inc., NY Slip Op 07261 (1st Dept. 2011).
Here is the decision.
Monday’s issue: Contracts.
October 28, 2011
Default judgments.
Practice point: Pursuant to CPLR 3215(c), if a plaintiff fails to seek entry of a judgment within one year after default, the court shall dismiss the complaint as abandoned, absent a showing of sufficient cause why it should not be dismissed.
Student note: The showing must include a viable excuse for the delay, and a demonstrably meritorious cause of action.
Case: Utak v. Commerce Bank Inc., NY Slip Op 07261 (1st Dept. 2011).
Here is the decision.
Monday’s issue: Contracts.
Student note: The showing must include a viable excuse for the delay, and a demonstrably meritorious cause of action.
Case: Utak v. Commerce Bank Inc., NY Slip Op 07261 (1st Dept. 2011).
Here is the decision.
Monday’s issue: Contracts.
