Common law takes precedence over New York State Statute - it says so in a New York Statute. ;)
Common Law takes precedence over statute unless there is a statute specifically eliminating a particuar common law,
such as common law marriage.
in the event that common law and statute conflict ...common law takes precedence over that statute.
Read about common law appearance being any action taken that would impede plaintiff from seeking judgment in the case,
Read a few case law snippets showing that obtaining an extension of time to answer is an appearance.
Read a simple statute mandating service of papers on atty.
Read a few case law snippets regarding failure to serve papers on atty.
Read simple statute on minimum notice
Read a few case law snippets regarding lack of minimum notice.
Read simple statute requiring notice of what statute allows for what relief plaintiff is seeking.
Read a few case law snippets regarding failure to notice what gives court authority to grant what you ask for in supporting papers.
Read simple statute about waiver of procedural due process by participation without raising it.
Read a few case law snippets regarding waiver if atty not noticed, un noticed atty does not appear, unnoticed atty does not file/serve opposition papers.
Read a few case law snippets regarding foreverness*** of procedural due process violations.
***absent any participation that does not object to lack of procedural due process.
things such as attending hearing without raising issue or opposition papers without raising issue, none of which occurred here.
Scan docket and noteMarch 2011 Notice of Motion for Judgment of Foreclosure and Sale dated instructing appearance at April 2001 hearing,
a decade in the past.
Scan docket and note Notice of Motion for Judgment of Foreclosure and Sale that, despite seeking a Judgment of Foreclosure and Sale
does not specify the statute that allows for Judgment of foreclosure and Sale.
Scan docket and note lack of proof of service of anything,
let alone the Notice of Motion for Judgment of Foreclosure and Sale,
on that atty.
Scan docket and note Judgment of Foreclosure and Sale
finding that the Judgment of Foreclosure and Sale
is based on the Defendants' failure to appear
in the Motion for Judgment of Foreclosure and Sale
either at the hearing or in papers, i.e. Default.
Scan docket and note
lack of proof of service of anything on that atty.
Swear out a jurat (enhanced affidavit)
in front of notary public attesting to some of these simple things.
Appear at a hearing either
on zoom-like technology, or, in person
(not required but garner votes)
give us some relevant caselaw we don't yet have
on concepts on or concept list
Can be from any jurisdiction.
Can be for or against our positions.