Key Takeaway
New York declaratory judgment law: Can defendants oppose motions entirely when multiple parties are named? Analysis of standing requirements and procedural options.
(1) “Smith lacks standing to appeal from an order granting a default judgment against Lenox, which failed to appear or answer the complaint and failed to oppose the motion for a default judgment”
(2) “Although Smith, as a named party, could have opposed Hermitage’s position on coverage (see Maroney v New York Cent. Mut. Fire Ins. Co., 5 NY3d 467, 471 n ), she elected to seek dismissal on procedural grounds. Thus, having been granted the relief she sought on her own behalf, and having failed to offer any substantive opposition to Heritage’s claim of untimely notice or to oppose Heritage’s request for a default judgment against Lenox, Smith was not aggrieved by that portion of the order that declared that Heritage was not obligated to defend and indemnify Lenox in the underlying action”
I am thinking that this has an effect on a declaratory judgment action when multiple defendants are named. This stands for the proposition that through an EIP offering opposition to the dec action and showing why a default against non answering provider is wrong, (s)he can kill the dec action. I get this from the part where it says “Smith could have opposed the position on coverage” and had the opportunity “to offer any substantive opposition to Heritage’s claim of untimely notice or to oppose Heritage’s request for a default judgment against Lenox….”
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