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19 Jan 2024, 4:00 am
PARTY GRANTED RELIEF ON DEFAULT COULDN’T SHOW PAPERS WERE PROPERLY SERVEDAfter a final custody order which awarded her sole legal and physical custody of the “subject child” (on default) was vacated by the Bronx County Family Court, for lack of proper service of the underlying paperwork, the child’s paternal grandmother, E.R., appealed to the Appellate Division, First Department.On its review, the AD1 noted that while E.R. was authorized by court order to… [read post]
3 Oct 2022, 12:49 pm
(Remember, by the way, that the original default judgment was for a mere $65,000 in fees.)And I'm not even mentioning the various orders involving sanctions, contempt, etc.Sometimes litigation takes on a life of its own. [read post]
25 Sep 2022, 10:01 am
Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. [read post]
24 Aug 2023, 5:00 am
’s request for entry of a default was denied, and upon being directed to accept the late answer, an appeal followed. [read post]
15 May 2023, 8:00 am
SINCE LIABILITY WAS JOINT & SEVERAL, PLAINTIFF DIDN’T NEED TO SERVE ALL DEFENDANTSAfter purchasing a used car, V.O. sued three defendants for contract breach and obtained a default judgment against them in the Superior Court of New Jersey for $26,548.32. [read post]
11 Jul 2023, 5:00 pm
PLAYING WITH THIS FIRE DISTRICT GOT THIS VENDOR BURNED …..After JNS Heating Service sued the Stony Brook Fire District, in Suffolk County Supreme Court, the defendant failed to appear, and a default judgment was issued.When the Fire District later moved to vacate its default, and sought the case’s dismissal because JNS had failed to timely file a statutorily mandated notice of claim prior to the suit’s commencement, the judge granted the Fire District’s… [read post]
27 Jun 2018, 2:45 pm
""Legislated default rules for property division should apply to couples who are adult interdependent partners under the Adult Interdependent Relationships Act. [read post]
10 Mar 2014, 9:31 am
On appeal, the petitioner claims that the default judgment was legally improper for a myriad of reasons, and he requests that we reverse the judgment and remand the case for a habeas trial on the merits. [read post]
4 Feb 2013, 7:21 am
The defendant claims that the trial court improperly (1) granted the plaintiff’s motion for a protective order, (2) defaulted the defendant for failure to plead and (3) refused to accept the defendant’s answer and special defenses when he offered to file it with the court after he was defaulted at the hearing on the motion for judgment of strict foreclosure. [read post]
9 May 2024, 5:00 am
REFUSED TO COMPLY WITH HIS LOAN AGREEMENTS AND GUARANTEEKSW, the sole member of and manager of two entities, secured a $12.3 million mortgage, and agreed to a guarantee, which collateralized his entire membership interests in those companies and allowed for a sale and the termination of his interests in the event of a breach.Of course, when a default was later triggered, KSW’s interests were sold to a third party, who subsequently sued KSW alleging, among other things,… [read post]
5 Feb 2013, 2:14 pm
The lenders hired an attorney to file suit against the debtors for default on two additional loans. [read post]
2 Apr 2022, 9:50 am
Default surrogate statutes typically authorize family members to make healthcare decisions on behalf of an incapacitated patient. [read post]
9 May 2017, 9:36 am
The article cleverly introduces the case by citing the famous Paradox of the Court.Appellate specialist David Ozeran penned Ruling is a Change of Course on Mandatory Relief, discussing a split of authority "between courts that applied mandatory relief to proceedings that resulted in the functional equivalent of dismissal and courts that strictly construed the statute as applying onlyto defaults, default judgments and dismissals, as specified in the statute. [read post]
27 Feb 2014, 10:06 am
Schweitzer: "A settlement agreement providing that default would result in the entire original amount being due, and waiving any right to contest a default judgment, was an unenforceable penalty because the claim amount bore no reasonable relationship to the actual damages that would be suffered, the Fourth District Court of Appeal has ruled." [read post]
9 Apr 2023, 11:00 pm
ORDER WAS SIGNED POST-CUREWhen seeking to stop -- or "toll" -- the running of a commercial lease-default notice, a party is typically required to secure a “Yellowstone” injunction prior to that notice’s expiration. [read post]
17 Jan 2014, 6:04 am
On December 10, 2013, the Federal Deposit Insurance Corporation (the “FDIC”) proposed for public comment a notice (the “Notice”) describing its “Single Point of Entry” (“SPOE”) strategy for resolving systemically important financial institutions (“SIFIs”) in default or in danger of default under the orderly liquidation authority granted by Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the… [read post]
3 Sep 2013, 3:25 pm
The explanation provides a framework of analysis for procedural default under Martinez and distinguishes it from the prejudice and cause analysis in Strickland. [read post]
9 Sep 2016, 8:57 am
There is a way to override the default, but one needs to issue that instruction at the printer’s specific Internet Protocol address which may not be common knowledge. [read post]
23 Jul 2013, 8:39 am
We conclude that (1) the make whole doctrine is the default rule under Connecticut law but that (2) the doctrine does not apply to insurance policy deductibles.") [read post]
31 May 2013, 3:29 pm
The LLC defaulted on the loan. [read post]
