Practice point: On a motion for leave to enter a default judgment under CPLR 3215[f], a
plaintiff must submit proof of service of the summons and the complaint,
the facts constituting the claim, and the defendant's default. To defeat the motion, the
defendant must establish a reasonable excuse for the default and a
potentially meritorious defense to the action.
Student note: Where, as here, the defendant fails to establish a reasonable
excuse for the default, it is unnecessary to determine whether she
demonstrated the existence of potentially meritorious defenses to the
complaint.
Case: Diederich v. Wetzel, NY Slip Op 08590 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Power-washing is within the ambit of the Labor Law.
