An important issue that commonly arises in state court civil litigation is the vacatur of a default judgment. CPLR 5015(a)(1) permits a court to vacate a default judgment, and it states: (a) On motion ...
Freeholders failing to provide a timely response to a particulars of claim face an order for default judgment and a listing to determine quantum (if the claim is for an unspecified amount) and for an ...
Under Evans the full and fair opportunity to litigate requirement under New York law is met when a defendant was properly served and had the opportunity to defend against the claim. Evans does not ...
When bringing a motion to set aside default judgment defendants better have good evidence and respond quickly, according to a recent Ontario Superior Court decision. In Marina Bay Sands Pte, Ltd. v.