McFadden v. Schneiderman

Summary

The New York Appellate Division, Fourth Department unanimously affirmed an order denying plaintiff's motion for a default judgment and granting defendants' motion to dismiss the complaint. The court held that plaintiff failed to establish proper service and, in any event, did not establish entitlement to declaratory relief based on default alone. The court further concluded that the complaint was vague and conclusory, did not allege a justiciable controversy, and failed to state a valid cause of action.

Holdings

1. The denial of plaintiff's motion for a default judgment was proper because plaintiff failed to establish that he effected service of the summons and complaint as required by CPLR 3215(f).
2. A default judgment in a declaratory judgment action cannot be granted on the default and pleadings alone; the plaintiff must establish a right to the declaration sought.
3. Dismissal under CPLR 3211(a)(7) was proper because the complaint's allegations were vague and conclusory and failed to allege a justiciable controversy or any other valid cause of action for which relief could be granted.

Questions Presented

1. Whether Supreme Court erred in denying plaintiff's motion for a default judgment when plaintiff failed to establish proper service.
2. Whether a default judgment could be entered in the declaratory judgment action based solely on the default and pleadings.
3. Whether Supreme Court properly dismissed the complaint under CPLR 3211(a)(7) for failure to state a cause of action.

Disposition

affirmed