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Sometimes an Appearance is Not Enough
This BLOG has previously addressed formal and informal appearances.
Jonathan Freiberger
Jul 173 min read
The Second Department Holds, in a Case of First Impression in The Department, That the Failure to Comply with the Soldiers’ and Sailors’ Relief Act When Seeking a Default Judgment ...
In Tri-Rail, the Court decided a “question which has not been directly addressed” in the Second Department involving the impact of non-compliance with the Servicemembers Civil Relief Act (f/k/a the Soldiers’ and Sailors’ Civil Relief Act) (the “Act”) on obtaining a default judgment.
Jonathan Freiberger
Nov 14, 20254 min read
When a Filing is Not a Filing
On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal, 2025 N.Y. Slip Op. 32804(U) (Sup. Ct., N.Y. County July 24, 2025) (here), the procedural matter at issue concerned the date on which a filing is deemed to be filed.
Jeffrey Haber
Aug 20, 20256 min read
Execution of Two Stipulations Proves Fatal to Defendant’s Motion for Relief Under CPLR 317
Appearing in an action may give rise to a waiver of a litigant’s right to challenge the court’s jurisdiction over the litigant. As explained in prior blog articles, it is axiomatic that a “plaintiff appears [in an action] merely by bringing it.”
Jonathan Freiberger
Jul 18, 20254 min read
The Second Department Holds That Lender Cannot Use CPLR 3215(c) to Avoid Dismissal of Foreclosure Action Despite Death of Borrower
Today’s article relates to a decision in a mortgage foreclosure action[1] that combines numerous concepts about which we have previously written.
Jonathan Freiberger
May 9, 20254 min read
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