Patiently Waiting For Proper Service: Commercial Division's Latest Word On Service And Default Judgment Practice

When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver's seat for a quick and early victory. But as practitioners in the Commercial Division are well aware, courts retain discretion to deny a motion for default judgment if the record raises questions about service or if the defendant can articulate a reasonable excuse tied to its alleged non-receipt of the summons and complaint. A recent decision from Manhattan Commercial Division Justice Robert R. Reed reminds litigants that even high-profile parties must satisfy these strict procedural standards to obtain a default judgment.

Background:

In G-Unit Books, Inc. v Tompkins, plaintiff, a publishing company founded by Curtis J. Jackson, III, popularly known as 50 Cent, commenced a breach of contract lawsuit against defendant, the mother of 50 Cent's eldest child, on the grounds that she allegedly breached the parties' life-rights agreement (i.e., an agreement where