Narrative Opinion Summary
The final judgment of foreclosure is reversed due to an improper earlier entered default. Citing the case of Visoly v. Kluger, Peretz, Kaplan, the court emphasizes that a default resulting from noncompliance with a court order must demonstrate that the failure was "deliberate and in contumacious disregard of the court’s authority." The case is remanded for further proceedings.
Legal Issues Addressed
Reversal of Foreclosure Judgmentsubscribe to see similar legal issues
Application: The court reversed the final judgment of foreclosure because the default was improperly entered.
Reasoning: The final judgment of foreclosure is reversed due to an improper earlier entered default.
Standard for Default Entrysubscribe to see similar legal issues
Application: The standard for entering a default requires evidence that the failure to comply with a court order was deliberate and showed contumacious disregard for the court's authority.
Reasoning: A default resulting from noncompliance with a court order must demonstrate that the failure was 'deliberate and in contumacious disregard of the court’s authority.'