Skip to main content

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

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

+ Read More

Attorney answers 2


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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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.