DASHDEVS LLC v. CAPITAL MKTS. PLACEMENT, INC.

Index No. 655993/18. Appeal No. 14604. Case No. 2021-01969.

199 A.D.3d 452 (2021)

154 N.Y.S.3d 226

2021 NY Slip Op 06079

DashDevs LLC, Appellant, v. Capital Markets Placement, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 9, 2021.


Attorney(s) appearing for the Case

Borg Law LLP, New York ( Jonathan M. Borg of counsel), for appellant.

Long & Associates PLLC, New York ( Ryan E. Long of counsel), for respondent.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.


Plaintiff's motion for a default judgment against CMP, based on CMP's failure to interpose an answer within 30 days of the court's order vacating a prior default judgment, was properly denied. Neither the CPLR nor the court's vacatur order provided a time by which CMP was required to file its answer following vacatur. The order merely restored the case to the trial calendar and directed the parties to appear for a settlement conference on September 10, 2020.

In any...

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