The defendant needs to be served with the motion for default judgement? He was personally served with the summons and complaint over 20 days ago?
Yes. You must serve a motion as a motion is made when a notice of motion is served. CPLR 2211.
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Criminal Defense Attorney
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Lawsuit / Dispute Attorney
Yes, but don't be surprised, if the court gives the defendant multiple opportunities to serve a late answer. Very few firms that I have come across even think of bringing a default judgment for 45 days.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com