Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05334
Santorelli Builders, LLC v 146 Norris Realty, LLC
Read the official decision: 2026 NY Slip Op 05334
Holding The court affirmed the lower court’s decision to vacate a default judgment because the plaintiff did not receive actual notice of the scheduled conference. The court held that in the absence of actual notice, a party’s failure to appear is a nullity and vacatur is required as a matter of law.
The court’s words
in the absence of actual notice of a conference or hearing date, a party could not have been in default
2026 NY Slip Op 05334, at the official text
the party's default is considered a nullity, and vacatur of the default is 'required as a matter of law and due process'
2026 NY Slip Op 05334, at the official text
In the absence of notice, there could be no default and no basis for entry of a default judgment.
2026 NY Slip Op 05334, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05334 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05334 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 588 |
Recommended citation
ESQ HQ, New York Law Watch, Santorelli Builders, LLC v 146 Norris Realty, LLC, 2026 NY Slip Op 05334 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05334/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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