Court Declines to Issue Declaratory Judgment on Default; Hearing Necessary

On March 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in West Harlem Community Org., Inc. v. West Harlem Community Org. Local Dev. Corp., 2019 NY Slip Op. 30657(U), declining to issue a declaratory judgment on default, explaining:

Plaintiffs also seek a declaratory judgment. However, New York courts rarely grant declaratory judgments on default with no inquiry as to the merits. Declaratory judgments require that a plaintiff establish a right to a declaration against a defendant and will not be granted on the default and pleadings alone. Therefore, if plaintiffs wish to pursue this claim, a hearing is necessary.

(Internal quotations and citations omitted).

If you are served with a complaint and fail timely to answer, or if you answer and do not appear at schedule court appearances, the court can enter judgment against you: a default judgment. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have questions regarding whether you have been properly served or if a default judgment has been entered against you.