Kristy Rella v. Westchester BMW, Inc.

Background

Kristy Rella had a pending application for a default judgment against Westchester BMW, Inc. A default judgment is a judgment requested against a party that has not defended the case. The order refers to the court’s in-court instructions on July 13, 2022, and directs Rella to file a letter by Monday, July 18, 2022, stating how she intended to proceed with the application.

Court’s Direction

The court explained that courts in the federal appeals circuit covering New York generally disfavor default judgments when entering one could lead to inconsistent outcomes for similarly situated defendants. The court cited several decisions addressing that concern.

The court further directed that, if Rella continued to seek a ruling on her application, her submission had to address the cited authorities and discuss whether a judgment against Westchester BMW would create an “incongruity” with factual findings made at trial. The order cited a decision in which a default judgment could not stand after claims against defendants who appeared and defended themselves had failed at trial.

Disposition

The court did not grant or deny Rella’s application for a default judgment in this order. It directed Rella to file the required letter and, if she continued to seek judgment, to address the identified legal and factual issues. The order was signed by United States Magistrate Judge Andrew E. Krause.