Common law takes precedence over New York State Statute - it says so in a New York Statute. ;)
Unless there is a statute specifically eliminating a particuar common law,
such as common law marriage.
if common law and statute conflict ... common law takes precedence.
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 about waiver of procedural due process by participation without raising it.
Read a few case law snippets regarding waiver if atty not noticed, unnoticed atty does not appear, unnoticed atty does not file/serve opposition papers.
Read a few case law snippets
absent waiver by participation*** w/o objecting to procedural due process violations
---procedural due process violations----
--do not invoke the power of the court and
-- vest no rights and
--have no deadline (statute of limitations) to overturn.
***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 note
lack of proof of service of anything on that atty.