Friday, May 31, 2013

Court of Appeals Holds Failure To Submit Proof With Application For Default Judgment Is A Non-Jurisdictional Defect

In Manhattan Telecommunications Corp. v. H & A Locksmith, Inc., the Court of Appeals addressed whether failing to submit proof of the facts constituting the claim under CPLR 3215(f) is a jurisdictional defect that would make a judgment entered on default a nullity.  At issue here was the plaintiffs failure to attach proof that a corporate officer was individually liable under an alleged written contract to provide telephone services to the corporate defendants.

The Court of Appeals resolved a split among the Departments, holding that failure to comply with this provision of CPLR 3215(f) is a non-jurisdictional defect.  As a result, parties seeking relief because of a failure to give proof of the facts must still show they are entitled to relief from that judgment, for example, as provided in CPLR 5015.

No comments:

Post a Comment