Deutsche Bank National Trust Company v Han Yang Cho

Holding The court reversed the lower court’s denial of the plaintiff’s motion to vacate a sua sponte dismissal order, finding that the dismissal was improper and that the plaintiff was not required to move for leave to renew. The court granted the plaintiff’s motion for leave to enter a default judgment and an order of reference, as the plaintiff made the requisite showing and the defendant’s opposition was insufficient to defeat the presumption of proper service.

The court’s words

A court's power to dismiss an action, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal

2026 NY Slip Op 05277, at the official text

the plaintiff established that it complied with the directive to file a certificate of merit and an application for an order of reference by July 25, 2017

2026 NY Slip Op 05277, at the official text

there was no motion that could have been renewed or reargued because the court directed dismissal of the action sua sponte

2026 NY Slip Op 05277, at the official text

A plaintiff is entitled to a default judgment and an order of reference where it submits proof of service of the summons and complaint

2026 NY Slip Op 05277, at the official text

Han Yang Cho's submissions in opposition were insufficient to defeat the presumption of proper service

2026 NY Slip Op 05277, at the official text