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If I make a motion for default judgement I must also serve it on the defendant?

New York, NY |
Filed under: Lawsuits and disputes

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?

Attorney Answers 4


  1. Yes. You must serve a motion as a motion is made when a notice of motion is served. CPLR 2211.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  2. Yes.

    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.


  3. 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


  4. Golden rule: Serve all parties or their counsel with everything.

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