Citibank, NA v Moskovits

Holding The Appellate Division affirmed the lower court’s grant of leave to enter a default judgment and denial of the defendant’s cross-motion for a late answer because the defendant failed to provide a reasonable excuse for his default. The court further held that the defendant waived any claim regarding personal jurisdiction by appearing in the action without moving to dismiss on that ground.

The court’s words

The absence of a reasonable excuse renders it unnecessary to determine the existence of a potentially meritorious defense to the action

2026 NY Slip Op 06279, at the official text

His proffered excuse for the default in answering or appearing in the action in a timely manner—that he was unaware of this action until he received the plaintiff's motion, among other things, for leave to enter a default judgment—is contrary to the record

2026 NY Slip Op 06279, at the official text

the defendant waived any claim that the Supreme Court lacked personal jurisdiction over him

2026 NY Slip Op 06279, at the official text

the plaintiff established that it filed proof of service within 20 days of either affixing or mailing the summons and complaint in accordance with CPLR 308(4)

2026 NY Slip Op 06279, at the official text