## Facts

- A law firm represented Louis Gritsipis in landlord–tenant matters and later sought to recover unpaid legal fees and disbursements.
- In 1993, the firm commenced an action in Supreme Court, Nassau County by summons with notice asserting claims for legal fees and disbursements, unjust enrichment, and account stated, demanding $80,000.
- Gritsipis did not appear or answer after service and follow-up mailings.
- The firm submitted proof to the Nassau County Clerk, including an affidavit describing an hourly-rate agreement and itemized billing.
- In February 1994, the clerk entered a default judgment for $67,245.41 under CPLR 3215(a).
- In 2009, the firm brought a new action to enforce the 1994 judgment; Gritsipis appeared and challenged personal jurisdiction from the 1993 action.
- Gritsipis moved in the 1993 action to vacate the 1994 judgment; Supreme Court denied vacatur, finding service proper.
- On appeal, Gritsipis renewed the service challenge and argued that the clerk lacked authority to enter the default judgment because the summons with notice included non-sum-certain, equitable theories.

## Issues

1. Whether CPLR 3215(a) permits a county clerk to enter a default judgment when the summons with notice pleads claims beyond a “sum certain,” including unjust enrichment.
2. If the clerk lacked authority, whether vacating the default judgment also requires vacating the defendant’s underlying default.
3. Whether service in 1993 was proper so as to confer personal jurisdiction over the defendant.

## Decision

- The Appellate Division, Second Department modified the order to grant vacatur of the 1994 clerk-entered default judgment.
- The court held the clerk exceeded CPLR 3215(a) authority because the pleading included claims not limited to a sum certain or a sum computable by mere arithmetic.
- The court declined to vacate the defendant’s underlying default based on his failure to appear or answer after proper service.
- The matter was remitted to Supreme Court, Nassau County for an inquest or other appropriate proceedings to determine damages and enter a proper default judgment.
- The court upheld personal jurisdiction, finding service proper and the affidavits of service sufficient to establish jurisdiction.

## Legal Principles

- Under CPLR 3215(a), a clerk may enter a default judgment only when the claim is for a “sum certain” or a sum that can be made certain by computation, upon submission of the required proof.
- The clerk’s authority is limited to claims seeking money alone where the amount is fixed or mechanically calculable; claims requiring judicial evaluation fall outside CPLR 3215(a).
- When a pleading includes non-sum-certain theories (including equitable claims such as unjust enrichment), entry of a default judgment is a judicial function requiring court action (often after an inquest).
- An improperly clerk-entered default judgment may be vacated without vacating the defendant’s underlying default, allowing the plaintiff to proceed to prove damages before the court.
- Proper service supported by affidavits of service constitutes prima facie proof of jurisdiction; conclusory or insufficient rebuttal does not defeat jurisdiction.

## Conclusion

The court vacated a clerk-entered default judgment because the pleaded causes of action included non-sum-certain claims outside CPLR 3215(a), while leaving the defendant’s default intact and remitting for court proceedings to determine and enter an appropriate default judgment after proper proof of damages.


Stephan B. Gleich & Assocs. v. Gritsipis, 87 A.D.3d 216, 927 N.Y.S.2d 349 (2d Dep’t 2011)