TGT, LLC v. Advance Entertainment, LLC

Summary

The New York Appellate Division, First Department, affirmed an order denying Advance Entertainment, LLC and Joseph Meli's motions to vacate a default judgment. The court held that the motions under CPLR 5015(a)(1) were untimely and lacked a reasonable excuse for the default and a meritorious defense. The court also rejected the jurisdictional challenge under CPLR 5015(a)(4) because it was raised improperly for the first time in reply.

Holdings

1. Defendants were not entitled to vacatur because their motions were made outside the one-year time limitation and they demonstrated neither a reasonable excuse for their default nor a meritorious defense.
2. The jurisdictional argument was not considered because defendants did not move on that ground and improperly raised it for the first time in reply.

Questions Presented

1. Whether defendants were entitled to vacatur of the default judgment under CPLR 5015(a)(1) based on excusable default.
2. Whether defendants were entitled to vacatur under CPLR 5015(a)(4) for lack of jurisdiction when that argument was raised for the first time in reply.

Disposition

affirmed