HSBC Bank USA v. A & R Trucking Co.Inc

In HSBC Bank USA v. A & R Trucking Co.Inc., 66 A.D.3d 606 (1st Dep't., 2009) the court held that there is a difference between a defendant who "either explicitly or implicitly participated in the action, thus acknowledging the validity of the judgment, or demonstrated a lack of good faith or delay in asserting [his] rights" and one who only learns of the judgment when his bank account is levied. The court decided that the defendant in that case did not waive the jurisdictional objections to default judgment.