How can I file a default judgment or summary judgment mot after the defendant answer was stricken for failure to appear at trial

Asked over 1 year ago - Kew Gardens, NY

Judge stroke defendants' answers for failure to appear at trial. How could I file a motion for summary judgment and for default judgment? Additionally, the same defendants failed to appear at the second trial date but this time the judge was not there. The replacement judge allowed a hearing with the present parties to adjourn the case but didn't hold the defaulted parties in contempt. She didn't even mentioned them. Could I submit any motion to hold them in contempt myself? For two years after I served them with the summons they only appeared to submit their motion to vacate the default. What can I do? the Queens Supreme Court smells

Attorney answers (2)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyer agrees

    Answered . If their answer is sticken you have won on liability and just need a damages trial or an inquest.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. James K. Lyder

    Contributor Level 11

    Answered . Your question is not clear. Was the answer stricken and then the defendants moved to vacate the default and were successful, thus resulting in the 2nd trial date? If so, the default is forgiven, the case is back and you need to prosecute it. What contempt are the defendants guilty of? Did they disobey another Court order? You will benefit greatly in retaining a lawyer. Too many moving pats here to proceed pro se.

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