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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17535
Experience:  B.A.; M.B.A.; J.D.
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Judge denies defendant's motion to vacate default judgment

Customer Question

Judge denies defendant's motion to vacate default judgment without prejudice for lack of meritorious defense/affidavit of merit, which implies that defendant can refile motion and then attach affidavit of merit. Defendant files motion to renew and reconsider
judge's decision and attaches affidavit of merit to that motion. If plaintiff has new facts and wants the judge to modify the decision from denial without prejudice to denial with prejudice, should plaintiff also file a cross motion to renew argument or would
it be sufficient for plaintiff to seek such order/decision in opposition paper? Are there any advantages/disadavantages in filing cross motion to assert new facts that would also be stated in opposition paper?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Judge denies defendant's motion to vacate default judgment without prejudice for lack of meritorious defense/affidavit of merit, which implies that defendant can refile motion and then attach affidavit of merit. Defendant files motion to renew and reconsider
judge's decision and attaches affidavit of merit to that motion. If plaintiff has new facts and wants the judge to modify the decision from denial without prejudice to denial with prejudice, should plaintiff also file a cross motion to renew argument or would
it be sufficient for plaintiff to seek such order/decision in opposition paper?

Response 2: We are not allowed to give legal advice on this site. So, I cannot tell you what to do.
Are there any advantages/disadavantages in filing cross motion to assert new facts that would also be stated in opposition paper?
Response 2: No.