Defaults 3215(f) – what does it mean?April 11, 2017

Geico Ins. v Sullivan, 2017 NY Slip Op 27108 (App. Term 2d Dept. 2017)

This case highlights how disparate the uniform court system is.  Here, Plaintiff clearly did not have sufficient facts to establish a default as to liability.  I get that clearly, i.e., there was no affidavit or verification from the operator of the Subrogor’s vehicle.  But I discuss this case because of what it does not say.  Assume I filed the same subrogation case in Civil Queens and the defendant defaults.  What do I do?

I file a Notice of Inquest with appropriate fees, put on the inquest calendar, bring whatever evidence of damages the assigned judge requires and knock out judgments and license suspensions.  I sense that the District Court Clerk will require a motion for a default, refuses to engage in Civil Court practice and hence this case.  That is why counsel here moved for leave to enter a default in the first instance.

Now it looks like the statute has run and Geico will never recover the $12,069.59.  Brian Sullivan will keep his license and, yet, never knew how close he came to being in a lifetime payment plan or running to Central Islip to file a chapter 7

3 Responses

  1. Oh my God … you remind me of the cowardly ada in kings county from an office of cowards.

    i was in court with some cooperators where i had charges reduced to misdemeanors.

    some young gung ho jerk of an ada – lately it describes them all — gave some street thug an acd and a speech.

    “Next time I will try the case and suggest to the court that you do the maximum time” And it went on and on and on and finally i yelled “why don’t just try the damn case now and shut up”

    The judge started to yell at me. he asked me who i was and i said ada Zuppa. i said we had business to attend to. He cut of the ada.

    “Don’t you ever do that to me again.”

    “Or what pipsqueak.”

  2. No name says:

    ADA Zuppa!!! There’s peace And prosperity in this world! JT: get the caps off!

  3. Please. Thank You no name. every comment is in caps.

    this is all relevant but subject to connection.

    WTF is up with Spicey. Maybe you don’t want to go there in the first place given the holidays and allowing some folks to enjoy said holidays.

    Maybe if you make a mistake and some Neo Con member of the press gives you a bail out you simply say “Thank You …. I was wrong and apologize … just caught up in the moment.”

    What is it with this “didn’t gas his own people.” What? The Aryan Nation?

    Who cares? Isn’t the fact that it was people enough. And once again he is factually wrong because many of those poor souls were Citizens of a country called Germany..

    I hear the broken glass. I have heard it for many months now.

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