Financial Services Vehicle Trust v. Law Offices of Dente
Appellate Division of the Supreme Court of the State of New York
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
- Bonik v. TarrabocchiaAppellate Division of the Supreme Court of the State of New York · 2010
- Bianco v. LiGreciAppellate Division of the Supreme Court of the State of New York · 2002
- Zaidi v. New York Building Contractors, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Bauerlein v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 2010
- 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
- Paulus v. Christopher Vacirca, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- U.S. Bank N.A. v. NakashAppellate Division of the Supreme Court of the State of New York · 2021
- Wells Fargo Bank, N.A. v. WhitelockAppellate Division of the Supreme Court of the State of New York · 2017
- STATE BANK OF TEXAS v. KAANAM, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- 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.