Legal Question in Construction Law in New York

Need to overturn a default judgement

Fired a contractor before he completed the job because of numerous errors he refused to correct. Balance due when fired was $29,700. We hired new contractor to fix errors and finish work for $35,000. Original contractor sued us and won a defualt judgement because we were never served (we had wrong address listed with Secretary of State (NY). All other correspondence went to our correct address!

Additionally, the summons we never got showed damages for 29,700 + interest and default says amount is 39,700 + interest!

Our lawyer attempted to overturn the default but judge refused!

Short of lengthy appeal and worse having to pay contractor the 39,700 until all of this is resolved and probably never being able to get money back even if we win in the end is there anything we can do to get judge to look at our incontrovertable evidence showing we do not owe contractor any money and get him to allow us to defend ourselves?

Makes us wonder about the fairness of our legal system.


Asked on 6/18/01, 10:40 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Need to overturn a default judgement

I receicved your post on 6-28-2001.

I apologize, but the fact pattern seem a bit odd and there are too many permutations to discuss in this type of forum. Please contact me directly at 212-764-5428 or 845-878-2163.

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Answered on 6/28/01, 2:30 pm
Garry Hanlon

Re: Need to overturn a default judgement

Once a motion to reopen a default brought

within one year of a default is denied

there is no other avenue of recourse

except an appeal.

This presumes that the correct application

under CPLR 5215 to open the default was made

and that both excusable neglect for failure

to respond and meritorious defense was shown

to the judge. If not, a motion to reargue

should be made, if for no other reason than

to pack the record on appeal so that an

appeals court can see the meritorious defense

in its entirety

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Answered on 6/28/01, 9:45 pm


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