April 29, 2026

Failure to answer or appear

On a motion for leave to enter judgment against a defendant for the failure to answer or appear, a plaintiff must submit proof of service of the summons and complaint, proof of the facts constituting its claim, and proof of the defendant's default. In opposition, the defendant must provide a reasonable excuse for the default and demonstrate a potentially meritorious defense to the action.

Goode v. Bespoke Motor Group, LLC, NY Slip Op 02395 (2d Dep't April 22, 2026)

Here is the decision.