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Unpacking Schirmer v. Piazza: A Landmark Decision on Quiet Title Actions and Default Judgments

by | Aug 24, 2023 | Firm News

In a significant legal development, the Appellate Division, Second Department of New York rendered a decision on March 8, 2023, in the case of Schirmer v. Piazza, 214 A.D.3d 749, 186 N.Y.S.3d 37, (2d Dept. 2023). The decision addresses pivotal aspects of quiet title actions, default judgments, and their implications under New York law. This post delves into the key details and implications of the Schirmer v. Piazza case, shedding light on its implications for future cases involving similar issues.


The case of Schirmer v. Piazza revolved around a dispute over real property rights. The plaintiff, Schirmer, initiated a quiet title action alleging fraudulent deed conveyances against the defendants, Piazza and 81 Real Estate Corp., seeking to establish their ownership rights over a piece of real estate that was transferred once in 2013, and again in 2015. The 2015 transaction, to 81 Real Estate Corp., led to the the substantial re-development of the property. Plaintiff was seeking an order that they owned title to their share of the property.  A quiet title action is a legal proceeding that aims to determine the rightful ownership of property, often involving claims to set aside fraudulent deed conveyances, remove clouds on title or disputes over adverse possession.

Default Judgments and Their Consequences

One of the focal points of the Schirmer v. Piazza case was the issue of default judgments. A default judgment occurs when a defendant fails to respond to a lawsuit within the specified timeframe, leading the court to rule in favor of the plaintiff by default. In this case, the co-defendant, 81 Real Estate Corp., failed to answer the plaintiff’s complaint in a timely manner, resulting in a default judgment in favor of Schirmer.

Trial Attorney & Appellate Counsel’s Role

Trial Attorney & Appellate counsel play a critical role in the legal process, particularly when a party seeks to challenge a lower court’s decision on appeal. In the context of Schirmer v. Piazza, our role as both trial and appellate counsel for 81 Real Estate Corp., played a pivotal role in procuring the vacatur of the default judgment, and defending the trial court’s decision before the Appellate Court. Trial counsel and Appellate counsel are tasked with gathering facts, crafting persuasive legal arguments, conducting thorough research, and presenting a compelling case before the trial court and the appellate court.

The Decision and Its Significance

The Appellate Division, Second Department, in its decision, addressed the validity of the default judgment and the impact it had on the action to set aside the fraudulent conveyances.  The court reiterated that service of a summons and complaint upon a corporation through delivery to the Secretary of State is not “personal delivery” upon the corporation, and agreed that the application of CPLR 317, merited vacating the default.  Under CPLR 317, a defaulting defendant that was “served with a summons other than by personal delivery” may be permitted to defend the action upon a finding that the defendant did not personally receive notice of the summons in time to defend and has a meritorious defense. Importantly, a reasonable excuse for the default need not be established. The court’s ruling shed light on the importance of ensuring due process, even in cases where one party fails to respond in a timely manner. The decision further underscored the principle that default judgments will be vacated where the defaulting party relies upon service of process via the Secretary of State, and by serving out of date, or incorrectly addressed supplemental CPLR 3215 notices upon a corporate defendant.

Implications for Future Cases

The Schirmer v. Piazza decision sets a precedent for future cases involving quiet title actions and default judgments in New York. It emphasizes the necessity for plaintiffs to provide all defendants with notice of the commencement of the lawsuit, and that the mere reliance on service of process through the Secretary of State may not be sufficient for a judgment taken on default, to stick. Plaintiffs should always serve the corporate defendant at whatever addresses they have for the corporation. Additionally, the decision underscores the need for defendants to diligently pursue legal recourse when faced with default judgments that they believe were entered unfairly.


The Appellate Division’s decision in Schirmer v. Piazza marks a significant reiteration of New York  law concerning quiet title actions, default judgments, and the role of  trial and appellate counsel. The ruling serves as a reminder of the importance of upholding due process and ensuring that parties have the opportunity to present their cases, even after default judgments are entered against them. It is clear that the principles reiterated by the court in Schirmer v. Piazza, will resonate in the realm of real property and litigation disputes for years to come.