Loaiza v. Guzman, 111 A.D.3d 608 (N.Y. App. Div. 2013). · Go Syfert
Loaiza v. Guzman, 111 A.D.3d 608 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: Glenwood Mason Supply Co., Inc. v. Frantellizzi (nyappdiv, 2016-04-20)
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Glenwood Mason Supply Co., Inc. v. Frantellizzi
N.Y. App. Div. · 2016 · confidence medium
In support of that branch of its unopposed motion, the plaintiff submitted proof of service of the summons and complaint upon Frantellizzi, proof of the facts constituting its claim against that defendant, and evidence of his default in answering the complaint or appearing in the action (see Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Dupps v Betancourt, 99 AD3d at 855 ).
cited Cited as authority (rule) Mortgage Electronic Registration Systems, Inc. v. Caroline Holmes
N.Y. App. Div. · 2015 · confidence medium
Registration Sys., Inc. v Smith, 111 AD3d 804 , 806 [2013]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]).
discussed Cited as authority (rule) Vidal v. 452 Wyckoff Corp.
N.Y. App. Div. · 2015 · confidence medium
Here, the plaintiff, in support of her motion for leave to enter *601 a default judgment against the defendant 452 Wyckoff Corp. (hereinafter Wyckoff) demonstrated her entitlement to judgment on the issue of liability against Wyckoff by submitting proof of service of the summons and complaint upon Wyckoff, the facts constituting the claim against Wyckoff, and Wyckoff s default in answering or appearing in this action (see CPLR 3215 [f|; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Karalis v New Dimensions HR, Inc., 105 AD3d 707, 708 [2013]; Wassertheil v Elburg, LLC, 94 AD3d 753, 753 [2012]).
cited Cited as authority (rule) U.S. Bank National Ass'n v. Norgriff
N.Y. App. Div. · 2015 · confidence medium
Registration Sys., Inc. v Smith, 111 AD3d 804 , 806 [2013]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]).
cited Cited as authority (rule) U.S. Bank National Ass'n v. Alba
N.Y. App. Div. · 2015 · confidence medium
Registration Sys., Inc. v Smith, 111 AD3d 804 , 806 [2013]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]).
cited Cited as authority (rule) Community West Bank, N.A. v. Stephen
N.Y. App. Div. · 2015 · confidence medium
Trust Co. v Quinones, 114 AD3d 719 , 719 [2014]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Citimortgage, Inc. v Bustamante, 107 AD3d 752, 753 [2013]).
cited Cited as authority (rule) Citimortgage, Inc. v. Chow Ming Tung
N.Y. App. Div. · 2015 · confidence medium
Registration Sys., Inc. v Smith, 111 AD3d 804 , 806 [2013]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]).
cited Cited as authority (rule) HSBC Bank USA, N.A. v. Alexander
N.Y. App. Div. · 2015 · confidence medium
Registration Sys., Inc. v Smith, *840 111 AD3d 804 , 806 [2013]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]).
discussed Cited as authority (rule) U.S. Bank National Ass'n v. Poku
N.Y. App. Div. · 2014 · confidence medium
On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party’s default in answering or appearing (see CPLR 3215 [f]; U.S. Bank, N.A. v Razon, 115 AD3d 739 [2014]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Green Tree Servicing, LLC v Cary, 106 AD3d 691, 692 [2013]; Dupps v Betancourt, 99 AD3d 855, 855 [2012]).
discussed Cited as authority (rule) U.S. Bank National Ass'n v. Poku
N.Y. App. Div. · 2014 · confidence medium
On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party’s default in answering or appearing (see CPLR 3215 [f]; U.S. Bank, N.A. v Razon, 115 AD3d 739 [2014]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Green Tree Servicing, LLC v Cary, 106 AD3d 691, 692 [2013]; Dupps v Betancourt, 99 AD3d 855, 855 [2012]).
discussed Cited as authority (rule) Academic Federal Credit Union v. Duhe
N.Y. App. Div. · 2014 · confidence medium
The defendants failed to come forward with any factually specific, detailed evidence to rebut the presumption of valid service created by the process server’s affidavits (see Madison Acquisition Group, LLC v 7614 Fourth Real Estate Dev., LLC, 111 AD3d 800 , 800 [2013]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Prospect Park Mgt., LLC v Beatty, 73 AD3d 885, 886 [2010]).
discussed Cited as authority (rule) Academic Federal Credit Union v. Duhe
N.Y. App. Div. · 2014 · confidence medium
The defendants failed to come forward with any factually specific, detailed evidence to rebut the presumption of valid service created by the process server’s affidavits (see Madison Acquisition Group, LLC v 7614 Fourth Real Estate Dev., LLC, 111 AD3d 800 , 800 [2013]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Prospect Park Mgt., LLC v Beatty, 73 AD3d 885, 886 [2010]).
discussed Cited as authority (rule) U.S. Bank, National Ass'n v. Razon
N.Y. App. Div. · 2014 · confidence medium
An applicant for a default judgment against a defendant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant’s failure to answer or appear (see CPLR 3215 [f]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Dupps v Betancourt, 99 AD3d 855, 855 [2012]).
discussed Cited as authority (rule) U.S. Bank, National Ass'n v. Razon
N.Y. App. Div. · 2014 · confidence medium
An applicant for a default judgment against a defendant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant’s failure to answer or appear (see CPLR 3215 [f]; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Dupps v Betancourt, 99 AD3d 855, 855 [2012]).
Retrieving the full opinion text from the archive…
Alberto Loaiza
v.
Rene Guzman
Appellate Division of the Supreme Court of the State of New York.
Nov 6, 2013.
111 A.D.3d 608
Cited by 14 opinions  |  Published

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Kitzes, J.), entered March 26, 2013, which denied their renewed motion for leave to enter judgment on the issue of liability against the defendants, upon their failure to appear or answer, and granted the defendants’ cross motion pursuant to CFLR 3012 (d) for leave to serve a late answer and to compel the plaintiffs to accept service of that answer.

Ordered that the order is reversed, on the law, with costs, the plaintiffs’ renewed motion for leave to enter judgment on the issue of liability against the defendants is granted, and the defendants’ cross motion for leave to serve a late answer and to compel the plaintiffs to accept service of that answer is denied.

[*609] In support of their renewed motion for leave to enter a default judgment on the issue of liability against the defendants, the plaintiffs submitted proof of service of the summons and complaint on each defendant, proof of the facts constituting their claims, and proof of the defendants’ failure to answer or appear (see CPLR 3215 [fl; Woodson v Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]; Suk Min Oh v Hon Voon Chung, 107 AD3d 975, 976 [2013]; Karalis v New Dimensions HR, Inc., 105 AD3d 707, 708 [2013]).

In opposition to the plaintiffs’ renewed motion, the defendants alleged that their first notice of this action was when they received the plaintiffs’ renewed motion and cross-moved pursuant to CPLR 3012 (d) for leave to serve a late answer and to compel the plaintiffs to accept service of that answer. The affidavits of the plaintiffs’ process server constituted prima facie evidence that the defendant Rene Guzman was validly served pursuant to CPLR 308 (1) and that the defendant William Guzman was validly served pursuant to CPLR 308 (2) (see Washington Mut. Bank v Holt, 71 AD3d 670 [2010]; Wells Fargo Bank, NA v Chaplin, 65 AD3d 588, 589 [2009]). The defendants did not deny receipt of process or swear to detailed and specific facts to rebut the statements in the process server’s affidavits (see Deutsche Bank Natl. Trust Co. v Jagroop, 104 AD3d 723, 724 [2013]; Prospect Park Mgt., LLC v Beatty, 73 AD3d 885, 886 [2010]; Mortgage Elec. Registration Sys., Inc. v Schotter, 50 AD3d 983 [2008]). Therefore, the defendants were not entitled to relief pursuant to CPLR 5015 (a) (4). Furthermore, to the extent that the defendants are arguing excusable default pursuant to CPLR 5015 (a) (1), the defendants did not demonstrate a reasonable excuse for their failures to answer and oppose the plaintiffs’ initial motion for a default judgment, and for their delay of more than one year in appearing in this action (see Citimortgage, Inc. v Bustamante, 107 AD3d 752, 753 [2013]; Deutsche Bank Natl. Trust Co. v Pietranico, 102 AD3d 724, 725 [2013]). Accordingly, the plaintiffs’ motion for leave to enter a default judgment on the issue of liability against the defendants should have been granted and the defendants’ cross motion pursuant to CPLR 3012 (d) for leave to serve a late answer and to compel the plaintiffs to accept service of that answer, should have been denied (see Kolonkowski v Daily News, L.P., 94 AD3d 704, 706 [2012]; Leifer v Pilgreen Corp., 62 AD3d 759, 760 [2009]). Skelos, J.P, Dickerson, Lott and Austin, JJ., concur.