Mercedes-Benz Financial v. 1188 Stratford Avenue, LLC (Dissent)

Summary

The dissent would affirm the denial of the defendants’ motion to open the default judgment. It reasons that the trial court’s statement that the motion was “untimely” and had “no basis” plausibly constituted alternative rulings, and that the defendants failed to make the particularized showing required to establish mistake or other reasonable cause under the governing statute. Because this is a dissent, it does not state the controlling disposition of the court; the dissenting judges would affirm the judgment below.