6 Cited authorities

  1. Enron Oil Corp. v. Diakuhara

    10 F.3d 90 (2d Cir. 1993)   Cited 1,645 times
    Holding that refusal to grant relief from default was an abuse of discretion "because [default] should be reserved by a trial court as a final, not a first, sanction imposed on a litigant"
  2. Debcon Financial Services, Inc. v. Orange Realty Corp.

    Case Nos. 99-CV-270 (FB), 99-CV-272 (FB) (E.D.N.Y. Feb. 16, 2005)   Cited 1 times

    Case Nos. 99-CV-270 (FB), 99-CV-272 (FB). February 16, 2005 ERIK VESKI, ESQ., Hastings-on-Hudson, Ny, for the Plaintiff. ROBERT P. O'NEILL, ESQ., Sherry O'Neill New York, NY, For the Defendants Robert Jones and Chandra Samaroo. MELISSA S. SEIGEL, ESQ., New York City Dept. of Finance Office of Legal Affairs, Brooklyn, Ny., For the Defendant City of New York. MEMORANDUM ORDER FREDERIC BLOCK, District Judge The Court issued a Memorandum and Order ("MO") on April 29, 2004, concerning two foreclosure

  3. Cadle Company v. Rochfort Enterprises

    02 Civ. 9348 (LAK) (S.D.N.Y. Oct. 15, 2003)

    02 Civ. 9348 (LAK) October 15, 2003 ORDER LEWIS KAPLAN, District Judge Plaintiff s motions for default judgments against defendant Miriam Newhouse (docket item 30) and defendants Rochfort Enterprises (Bahamas) Limited and Atead Consulting S. A. (docket item 29) are granted. The default judgment against Newhouse is sought on the ground that she has failed to answer or move within the requisite time. The default is established by the Clerk's Certificate. That motion (docket item 30) therefore is granted

  4. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  5. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,084 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States
  6. Section 308 - Personal service upon a natural person

    N.Y. C.P.L.R. § 308   Cited 5,266 times
    Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"