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B.G. Lenders Serv. v. Senecal

Judgments Against Defendants Vacated in Interest of Justice Due to Errors and Omissions

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DECISION AND ORDER

*1 This action was commenced by the filing of a summons and verified complaint on March 24, 2009.1 Counsel for plaintiffs then filed a request for judicial intervention on June 28, 2016 seeking to schedule a preliminary conference. By letter dated July 18, 2016, the Court scheduled the preliminary conference for August 12, 2016. At that time, only counsel for plaintiffs and defendant American Lenders of Glens Falls (hereinafter American Lenders) appeared. As a result, the Court issued an Order on November 21, 2016 whereby plaintiffs were granted a default judgment as against defendants Jennifer Senecal, Dan Seymour and Lisa Seymour (see Uniform Rules for Trial Courts [22 NYCRR] §202.27 [a]). This Order was then entered on November 22, 2016.An inquest was scheduled for December 12, 2016 and then adjourned to April 21, 2017 at the request of plaintiffs’ counsel. At that time, only plaintiffs appeared to present proof. The Court then issued two separate Judgments on May 8, 2017, one against Senecal in the amount of $221,209.13 and another against the Seymours in the amount of $128,091.00. These Judgments were entered on May 9, 2017.

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