At-Fault Default

March 21, 2014

  • 170A Federal Civil Procedure
  • 170AXVII Judgment
  • 170AXVII(B) By Default
  • 170AXVII(B)2 Setting Aside
  • 170Ak2450 k. Meritorious Cause of Action or Defense.

170A Federal Civil ProcedurePlaintiff was not entitled to have default set aside; plaintiff failed to demonstrate meritorious defense to counterclaims or that it had meritorious complaint, and counsel failed to bring his vacation plans to court’s attention and, after receiving more than 72 hours notice of trial, left for his vacation without waiting for court to decide his letter-request for adjournment.

Fine Shoe Co. v. Buckray, Inc., 131 F.R.D. 58 (S.D.N.Y. 1990)