Paulus v. Christopher Vacirca, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cohen, J.
At issue on this appeal is whether the failure of a party to give notice of a motion for leave to enter a default judgment to a defendant who has previously appeared in the action entitles such defendant to vacatur of the default judgment. For the reasons set forth below, we hold that the failure to comply with the notice requirements of CPLR 3215 (g) (1) deprived the Supreme Court of jurisdiction to entertain the plaintiffs’ motion for leave to enter a default judgment. Accordingly, the default judgment should have been vacated pursuant to CPLR 5015 (a) (4).
The…
2Cases cited34 opinions
- Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
- Rokina Optical Co. v. Camera King, Inc.New York Court of Appeals · 1984
- Amusement Business Underwriters v. American International Group, Inc.New York Court of Appeals · 1985
- Stephan B. Gleich & Associates v. GritsipisAppellate Division of the Supreme Court of the State of New York · 2011
- Colbert v. International Security Bureau, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
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