On August 19, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Ittayem, 2026 NY Slip Op. 05056, holding that a defendant in default cannot raise non-jurisdictional defenses, explaining:
The Supreme Court properly denied the defendants’ motion to dismiss the complaint insofar as asserted against them and to discharge of record the mortgage on the ground that the statute of limitations had expired. Where the plaintiff has demonstrated, prima facie, that a defendant is in default because he or she ‘failed to appear’ within the meaning of CPLR 3215(a), that defendant is generally precluded from raising any nonjurisdictional defense without first rebutting the prima facie showing of default and obtaining leave to serve a late answer. Here, the defendants’ contention that the instant action is time-barred is a nonjurisdictional defense and is thus precluded by the defendants’ failure to vacate their default.
(Internal citations omitted).
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