Legal Opinion

Financial Services Vehicle Trust v. Law Offices of Dente

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2011PublishedCited by 9 opinions

1Opinion of the Court

The defendant Katerina Arvanitakis (hereinafter the appellant) failed to give the plaintiff timely notice of her motion for leave to enter a judgment on her counterclaim against the plaintiff upon its purported default in replying to the counterclaim (see Bianco v LiGreci, 298 AD2d 482 [2002]). The plaintiff did not receive at least 13 days’ notice, the minimum required for motions served by regular mail (see CPLR 2103 [b] [2]; 2214 [b] ). Absence of proper service of a motion is a sufficient and complete excuse for a default on a motion, and deprives the court of jurisdiction to entertain…

2Cases cited7 opinions

  1. Bonik v. TarrabocchiaAppellate Division of the Supreme Court of the State of New York · 2010
  2. Bianco v. LiGreciAppellate Division of the Supreme Court of the State of New York · 2002
  3. Zaidi v. New York Building Contractors, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Bauerlein v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 2010
  5. Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Paulus v. Christopher Vacirca, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. U.S. Bank N.A. v. NakashAppellate Division of the Supreme Court of the State of New York · 2021
  3. Wells Fargo Bank, N.A. v. WhitelockAppellate Division of the Supreme Court of the State of New York · 2017
  4. STATE BANK OF TEXAS v. KAANAM, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. Wells Fargo Bank, N.A. v. ReidAppellate Division of the Supreme Court of the State of New York · 2014

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API