CiteTEXT
...against the defendant Dino Guiducci, the plaintiffs were not required to comply with the additional notice requirements of CPLR 3215 (g) (3) because this is not "an action based upon nonpayment of a...contractual obligation" (CPLR 3215 [g] [3] [i]; cf. NYCTL-1 Trust v Liberty Bay Realty Corp., 21 AD3d 1013). Thus, the Supreme Court should not...have denied the plaintiffs' motion based on the failure to provide additional notice pursuant to CPLR 3215 (g) (3).
However, denying the plaintiffs' motion and granting that branch...
MOTIONS (Beta)
...correctly that the default judgment should be vacated as against him because plaintiff failed to show that he complied with CPLR 3215(g)(3)(i). Plaintiff mailed the summons to Kalam Id–Din's...places of business, not his place of residence, and he failed to state that Kalam Id–Din's place of residence was unknown. Contrary to plaintiff's contention, since CPLR 3215(g)(3) is...
...evidenced by a regular mailing by Iris Coleman on December 20, 2004, purportedly pursuant to CPLR 3215 (g) (3).
The defendant's time to appear and answer in the action has passed...operating a vehicle for-hire within Westchester County without a valid TLC permit.
CPLR 3215 (g) (3) provides that when a default judgment is sought against a natural person in an...requirements of CPLR 3215 (g) (3) and thereby bypass service of the default motion upon the defendant, where the judgment sought involves a statutory civil penalty. For reasons set forth below, the court...
...). Accordingly, pursuant to the express terms of CPLR 3215 (g) (3) (iii) and (4) (iii), the notice provisions of CPLR 3215 (g) (3) and (4) are inapplicable to this case. Therefore, the default judgment of...
...1511 East 172d Street.
Defendant also points to plaintiff's subsequent service by mail of both an additional notice under CPLR 3215(g)(3) and a motion for judgment...served with the summons and complaint.
Defendant further argues that the additional service requirement for default notices in residential foreclosure actions under CPLR 3215(g)(3).... Defendant asserts that plaintiff failed to comply with the additional service requirement of CPLR 3215(g)(3) when it mailed the notice to the 1509 East address...
MOTIONS (Beta)
...correctly that the default judgment should be vacated as against him because plaintiff failed to show that he complied with CPLR 3215(g)(3)(i). Plaintiff mailed the summons to Kalam Id...-Din's places of business, not his place of residence, and he failed to state that Kalam Id-Din's place of residence was unknown. Contrary to plaintiff's contention, since CPLR 3215(g)(3) is...
MOTIONS (Beta)
...judgment should be vacated as against him because plaintiff failed to show that he complied with CPLR 3215(g)(3)(i). Plaintiff mailed the summons to Kalam Id...CPLR 3215(g)(3) is meant to protect defendants, the burden should be on plaintiff to show that he did not know Kalam Id-Din's place of residence, not on Kalam Id-Din t...
... by CPLR 3215(g)(3). The motion was not opposed. By order entered January 14, 2014, the Supreme Court granted t...(see CPLR 5701[c]); and it is further,
ORDERED that the order is reversed insofar as appealed from, on the law, on the facts, and in the...
....
Defendant also points to plaintiff's subsequent service by mail of both an additional notice under CPLR 3215(g)(3) and a motion for judgment of foreclosure. Both of these submissions were....
Defendant further argues that the additional service requirement for default notices in residential foreclosure actions under CPLR 3215(g)(3) applies. Defendant asserts that plaintiff failed...to comply with the additional service requirement of CPLR 3215(g)(3) when it mailed the notice to the 1509 East address rather than defendant's actual address next door.
Defendant...
...pursuant to CPLR 308 (2). Although the plaintiff did not comply with the further notice requirements of CPLR 3215 (g) (3) (i), the lack of such notice in this case does not warrant a vacatur of the judgmen...'" ( Fleet Fin. v. Nielsen, 234 A.D.2d 728, 729-730, quoting 4 Weinstein-Korn-Miller, N Y Civ Prac ¶ 3215.37; see, CPLR 5015...
...of responsibility for answering the complaint, and otherwise fail to show a reasonable excuse for their default (CPLR 5015 [a] [1]). CPLR 3215 (g) (3) does not avail defendants, as the action is not...
...by CPLR 3215 (g) (3) (iii), since that statute, by its terms, does not apply to "actions affecting title to real property", which mortgage foreclosure actions are....).
We agree with the IAS Court that inasmuch as appellant was an officer and co-owner of the business where CPLR 308 (2) service was...
...judgment, since the plaintiff's affidavit of additional notice submitted in support of his application for a default judgment was not in the form required by CPLR 3215 (g) (3) (i...defendants were obligated to respond to the amended complaint, the court erred in dismissing the amended complaint as abandoned (see, CPLR 3215 [c...from the Supreme Court, beyond the time within which an amendment could have been made as of right (see, CPLR 3025), the defendants waived any objection to those pleadings on that basis by failing...
...submit an affidavit of service of additional notice in compliance with CPLR 3215 (g) (3) (i) did not constitute a fatal defect ( see Harkless v. Reid, 23 AD3d...demonstrate both a reasonable excuse for the default and a meritorious defense ( see CPLR 5015 [a] [1]; Caputo v. Peton, 13 AD3d 474...
...unnecessary
for them to comply with the notice provision of CPLR 3215(g)(1) because they gave the appellant notice pursuant to subsection (...the statute. We disagree. CPLR 3215(g)(3) provides that when a default judgment “based upon nonappearance is sought against a natural person in an action based upon...nonpayment of a contractual obligation,” that person is entitled to additional notice of the action, which is provided by mailing the summons to his or her place of residence. On its face, CPLR 3215(g)(3) is...
...appearing long before his death, and neither he nor any successor in interest was entitled to notice of the judgment of foreclosure ( see CPLR 3215 [g] [3] [iii]; FGB Realty Advisors v. Norm-Rick...
...ARTHUR PIUBENI, has shown a reasonable excuse for his default as the notice pursuant to CPLR § 3215(g)(3) was improper.... CPLR 3215(g)(3)(i) imposes special requirements upon plaintiffs where the action involves three things: 1) an action based upon the non-payment of a contractual obli..., beyond service of process (see CPLR § 3215). Here, the CPLR § 3215(g)(3) notice requirement o...
...under CPLR 308 (2) or 3215 (g)(3)? If so, should it be deemed a fatal jurisdictional defect in either case? Does a neighbor's nudity and offensive sexual conduct while alone, viewable through a window...attorney's office of March 11, 1996." Plaintiff contends that the March 11, 1996 metered envelope contained the additional notice required by CPLR 3215 (g)(3) and plaintiff's counsel's cover letter dated...March 8, 1996. It is undisputed that the CPLR 3215 (g)(3) notice was sent in an envelope bearing plaintiff's counsel's return address.
In opposition to plaintiffs motion, defendant...
..., 461 N.Y.S.2d 334), the Supreme Court properly determined that the plaintiff failed to comply with the additional notice requirement of CPLR 3215(g)(3)(i...), the plaintiff was not required to comply with the additional notice requirement of CPLR 3215(g) because the ECB is neither a “natural person” (CPLR 3215[g][3][i] ), nor “a domestic or ...foreign corporation” that had been served with process pursuant to Business Corporation Law § 306(b) (CPLR 3215[g][4][i] ). Accordingly, the Supreme Court erred in denying that branch of the plaintiff's...
...comply with CPLR 3215 (g) (3). Although the affidavit of additional mailing referred to the mailing of a summons and verified complaint and the complaint itself was not verified, the motion court's...defense to plaintiffs claim for an account stated (see CPLR 5015). Contrary to defendants' contention, the default judgment entered against them was not a nullity on the basis that plaintiff did not...Entertainment, Inc. v Leydier, 71 AD3d 517, 518; CPLR 2001). There is no indication that defendants were prejudiced by the clerical error in the affidavit of additional mailing...