Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05930
Christiana Trust v Victor
Read the official decision: 2026 NY Slip Op 05930
Holding The court held that a defendant who serves an untimely answer waives the right to seek dismissal of the complaint as abandoned under CPLR 3215(c). Furthermore, because the defendant never vacated his default, he was precluded from raising affirmative defenses such as lack of standing and statute of limitations.
The court’s words
a defendant may waive the right to seek dismissal pursuant to CPLR 3215(c) by serving an answer
2026 NY Slip Op 05930, at the official text
Since the defendant never vacated his default, he is precluded from raising the affirmative defenses of lack of standing
2026 NY Slip Op 05930, at the official text
As long as the plaintiff has initiated proceedings for the entry of a judgment within one year of the default, there is no basis for dismissal
2026 NY Slip Op 05930, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05930 |
| Area of law | Civil Procedure |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05930 |
| 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 | 1167 |
Recommended citation
ESQ HQ, New York Law Watch, Christiana Trust v Victor, 2026 NY Slip Op 05930 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05930/
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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