August 25, 2026

Default judgments

A plaintiff seeking leave to enter a default judgment must file proof of proper service of the summons and the complaint, the defendant's default, and the facts constituting the claim. A default judgment in a declaratory judgment action will not be granted on the default and pleadings alone, as it is necessary that plaintiff establish the right to a declaration.

Allstate Ins. Co,. v. Cabrera, NY Slip Op 05000 (2d Dep't August 19, 2026)

Here is the decision.