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THE JUDGE SHOULD NOT HAVE GRANTED A DEFAULT JUDGMENT, SUA SPONTE, AGAINST A DEFENDANT NOT NAMED IN PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; THE PHRASE IN PLAINTIFF’S SUMMARY JUDGMENT MOTION REQUESTING “SUCH OTHER RELIEF” AS IS DEEMED APPROPRIATE CANNOT BE THE BASIS FOR DISPOSITIVE RELIEF (SECOND DEPT). ​

The Second Department, reversing (modifying) Supreme Court, determined the judge should not have, sua sponte, granted a default judgment against defendant Molina in this foreclosure action. There were two defendants, Pena and Molina. Pena answered the complaint but Molina did not. The notice of motion seeking summary judgment did not mention Molina. Therefore the judge should not have granted relief not demanded by the plaintiff:

“Among the statutory requirements [set forth in CPLR 2214(a) and (b)] is that notices of motion set forth ‘the relief demanded and the grounds therefor.’ The failure to give a party proper notice of a motion deprives the court of jurisdiction to entertain the motion and renders a resulting order void” … . In other words, “[a] court lacks jurisdiction to grant relief against a defaulting party where that relief is not requested in the moving papers” … .

Here, since the plaintiff did not move for leave to enter a default judgment against Molina, the Supreme Court should not have, sua sponte, granted that relief … . As the court lacked jurisdiction to grant such relief … , so much of the order … , as, sua sponte, granted leave to enter a default judgment against Molina was rendered void … , “‘warranting vacatur pursuant to CPLR 5015(a)(4)'” … . As to the court’s reliance on the language in the notice of motion seeking “such other and further relief that this Court deems just and proper,” this Court has explicitly held that courts may not “rely upon general relief clauses in noticed motions—’for such other and further relief the court deems just and proper’—to justify the sua sponte [granting of dispositive relief]” … . Citimortgage, Inc. v Pena, 2026 NY Slip Op 03940, Second Dept 6-24-26

Practice Point: The phrase in motion papers requesting “such other relief as is deemed appropriate” cannot be the basis for dispositive relief.​

 

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