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

Asked over 1 year ago - New York, NY

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. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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.... more
  2. Roman Leonov

    Contributor Level 8

    2

    Lawyers agree

    1

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

  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . 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,... more
  4. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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