The last couple of years have been rough on Kimberly Jones a/k/a Lil' Kim , a (still?) famous rapper.
In 2005, the Notorious Kim served time for committing perjury about her colleagues' involvement in a 2001 Manhattan shooting.
Although she was released from federal prison in July 2006, the news hasn't been all good.
In Michael Goody v. James Lloyd , the Appellate Division, Second Department, reinstated a default judgment that had been entered against the songstress.
The failure of a party to appear in court, to answer a pleading, or to obey a court order can result in the entry of a "default judgment" -- that is, the case is not resolved "on the merits;" rather, one party is awarded victory due to another's inaction or noncompliance with a court requirement.
Once that judgment has been entered, a party may seek to have that outcome rescinded or vacated, but in order to prevail must provide:
(i) a reasonable excuse for the default; and
(ii) an "affidavit on the merits" (which details the viability of the the defaulter's claims or defenses).
Usually, New York courts are quite liberal in forgiving defaults. However, a court will occasionally deny the request when the governing standards are not satisfied.
In this particular dispute, when Lil' Kim failed to appear for a deposition, her adversary moved for leave to enter a default judgment, which was granted by the Kings County Supreme Court on July 29, 2005.
When that court later changed its mind, and gave Lil' Kim another chance to appear for questioning, Goody appealed that decision to the Appellate Division, Second Department.
Since Lil' Kim lacked a reasonable excuse for her default, and her attorney had demonstrated a "pattern of default and neglect," the AD2 reversed and reinstated the judgment.
Looks like Lil' Kim took a big hit in this case.
For a copy of the Appellate Division's decision, please use this link: Michael Goody v. James Lloyd