The plaintiff failed to establish that the defendants were in default, as the plaintiff did not assert that he had served the order, with notice of entry, denying the defendants' motion to dismiss. Absent service of the order with notice of entry, the time within which the defendants were required to answer the complaint did not begin to run.
Citibank, N.A. v. Brooks, NY Slip Op 01142 (2d Dep't February 19, 2020)
Here is the decision.
