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Appellate Division, First Department · October 8, 2026 · 2026 NY Slip Op 05855

Kapitus Servicing, Inc. v Southern Source, Inc.

Read the official decision: 2026 NY Slip Op 05855

Holding The Appellate Division affirmed the denial of the motion to vacate a default judgment, finding that defendants had actual notice of the action despite potential notary defects. Additionally, the court held that defendants failed to establish a usury defense because they did not prove the underlying agreement was a loan with a finite term.

The court’s words

defendants clearly had actual notice of the action

2026 NY Slip Op 05855, at the official text

defendants failed to establish that the underlying agreement was a loan

2026 NY Slip Op 05855, at the official text

defendants failed to prove their usury defense by clear evidence as to all its elements

2026 NY Slip Op 05855, at the official text
CourtAppellate Division, First Department
DecidedOctober 8, 2026
Citation2026 NY Slip Op 05855
Area of lawContracts and Commercial · Civil Procedure
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05855
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1071

Recommended citation

ESQ HQ, New York Law Watch, Kapitus Servicing, Inc. v Southern Source, Inc., 2026 NY Slip Op 05855 (Appellate Division, First Department, October 8, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05855/

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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Published October 8, 2026. Updated October 8, 2026.