Although Alexander was technically in default by failing to timely answer after appearing, plaintiff's motion for a default judgment should have been denied under the circumstances presented here. It is undisputed that the summons and complaint were never served, and Alexander's motion to change venue plainly evinced his intent to litigate this case on the merits by asserting the defense of truth to the defamation claims (see M&E 73-75 LLC v 57 Fusion LLC,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
HAMMOND v. EQUINOX HOLDINGS LLC
Index No. 155061/19. Appeal No. 14197. Case No. 2020-04936.
197 A.D.3d 1039 (2021)
151 N.Y.S.3d 889
2021 NY Slip Op 05083
Steven Hammond, Respondent, v. Equinox Holdings LLC, Doing Business as Equinox Fitness Club, et al., Defendants, and Michael Alexander, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided September 28, 2021.
Decided September 28, 2021.
Attorney(s) appearing for the Case
The Law Offices of Neal Brickman, P.C., New York ( Ethan Leonard of counsel), for respondent.
Concur—Mazzarelli, J.P., González, Scarpulla, Pitt, JJ.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
