Does a motion for leave to enter a default judgment based upon a plaintiff's failure to serve a reply to a counterclaim?

"New York", United States of America

The following excerpt is from Landusco v. Open Loop NYC, 2019 NY Slip Op 31248 (U) (N.Y. Sup. Ct. 2019):

successfully oppose a motion for leave to enter a default judgment based upon a plaintiff's failure to serve a reply to a counterclaim, a plaintiff must establish a reasonable excuse for the delay and demonstrate a meritorious defense (see, e.g., Twersky v. Kasaks, 24 A.D.3d 657). In the matter at bar, plaintiff has failed to proffer any excuse for his failure to serve a reply to defendants' counterclaims. Accordingly, the portion of the motion for leave to enter a default judgment upon plaintiff's default in replying to the counterclaims is granted with regard to liability only, and without prejudice to plaintiff's prosecution of the complaint.

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