Notice of Appearance in New York

What Is a Notice of Appearance?

Background

An appearance of the defendant is equivalent to personal service of the summons over him or her, unless he or she asserts an objection to jurisdiction either by way of motion or in his or her answer. (Civ. Prac. Law & Rules, § 320(b); Countrywide Home Loans Servicing, LP v. Albert, 78 A.D.3d 983 [2nd Dept. 2010].)

How to Structure the Motion

A “defendant appears by serving an answer or a notice of appearance, or by making a motion which has the effect of extending the time to answer.” (Civ. Prac. Law & Rules, § 320(a); Resolution Trust Corp. v. Beck, 243 A.D.2d 307, 307 [1st Dept. 1997].) A party can also appear by substantially participating in the litigation. (Matter of Sessa v. Board of Assessors of Town of N. Elba, 46 A.D.3d 1163 [3rd Dept. 2007].)

Response

“When a defendant has failed to appear… the plaintiff may seek a default judgment against him.” (Civ. Prac. Law & Rules, § 3215(a).) On a motion for leave to enter a default judgment against a defendant for the failure to answer or appear, a plaintiff must submit proof of service of the summons and complaint, proof of the facts constituting its cause of action, and proof of the defendant’s default. (Medas v. Rochpark Realty LLC, 150 A.D.3d 1221 [2nd Dept. 2017].)

The Court’s Decision

The court has held that a defendant who has failed to timely appear or answer the complaint must provide a reasonable excuse for the default and demonstrate a meritorious defense to the action, when opposing a motion to leave to enter judgment upon its failure to appear or answer. (Lipp v. Port Auth. of New York & New Jersey, 34 A.D.3d 649 [2nd Dept. 2006].) The determination of what constitutes a reasonable excuse is left to the sound discretion of the court. (Abrams v. City of New York, 13 A.D.3d 566 [2nd Dept. 2004].)

A defendant’s bare and unsubstantiated denial of receipt of service does not rebut the presumption of proper service created by an affidavit of service. (Beneficial Homeowner Service Corp. v. Girault, 60 A.D.3d 984 [2nd Dept. 2009].)

To vacate a default, the defendant need not demonstrate a meritorious defense when the motion is based upon lack of personal jurisdiction. (Harkless v. Reid, 23 A.D.3d 622 [2nd Dept. 2005].) A defendant, however, may waive a personal jurisdiction defense by his or her actions. (NYCTL 1998-1 Trust v. Prol Props. Corp., 18 A.D.3d 525 [2nd Dept. 2005].)

Timeline

“An appearance shall be made within twenty days after service of the summons.” (Civ. Prac. Law & Rules, § 320.)

Documents

1-10 of 9155 results

Case Filed

Mar 01, 2022

Case Status

Pre-RJI

County

Monroe County, NY

Filed Date

Aug 25, 2022

County

Nassau County, NY

Filed Date

Aug 23, 2022

Judge

Bruce Cozzens

County

Nassau County, NY

Filed Date

Aug 22, 2022

Judge

Dawn Jimenez

Case Filed

Jun 09, 2021

Case Status

Pre-RJI

County

Ulster County, NY

Filed Date

Aug 12, 2022

Judge

David Gandin

County

Monroe County, NY

Filed Date

Aug 09, 2022

Judge

Elena F Cariola

County

Nassau County, NY

Filed Date

Aug 08, 2022

Judge Hon. Christopher G Quinn Trellis Spinner 👉 Discover key insights by exploring more analytics for Christopher G Quinn
Case Filed

Jul 19, 2022

Case Status

Disposed-Court Date/Application Pending

County

Queens County, NY

Filed Date

Aug 08, 2022

Judge Hon. Maurice E. Muir Trellis Spinner 👉 Discover key insights by exploring more analytics for Maurice E. Muir
County

Kings County, NY

Filed Date

Aug 05, 2022

Case Filed

Jun 24, 2022

Case Status

Pre-RJI

County

Bronx County, NY

Filed Date

Aug 05, 2022

Case Filed

Dec 02, 2020

Case Status

Disposed

County

Greene County, NY

Filed Date

Jul 27, 2022

Judge

Richard Mott

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