May 12, 2024

Defaults.

Plaintiff moved for a default judgment, pursuant to CPLR 3215(a), on the ground that defendant had failed to appear. However, defendant's 3211(a) motion to dismiss constituted an appearance. Plaintiff's motion is denied. 

Barbetta v. NBCUniversal Media, LLC, NY Slip Op 02514 (2d Dep't May 8, 2024)

Here is the decision.