Key Takeaway
Chechen rejected a vague excuse for missed conferences. Lamar allowed a late answer before judgment. The procedural difference matters as much as the result.
This article is part of our ongoing defaults coverage, with 94 published articles analyzing defaults issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
The plaintiff in Chechen missed two status conferences and could not get the case restored. Five days earlier, Lamar allowed the City to answer late. The cases reached different results, but they also involved different requests for relief.
Last reviewed: September 2026.
Historical note: Chechen v Spencer (December 8, 2009) concerned relief from a conference dismissal. Its rejection of an unsupported excuse should not be collapsed into Lamar’s different late-answer procedure.
Two different requests for relief
Chechen was a trespass and nuisance action in Orange County. The plaintiff missed the November 7 and December 11, 2007 conferences; the second absence led to dismissal under 22 NYCRR 202.27. The Second Department found neither an adequately supported excuse nor a meritorious cause of action. It also rejected renewal because the plaintiff did not justify withholding the new facts from the first motion.
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Lamar concerned a late answer before any default order or judgment had been entered. Lamar expressly dispensed with an affidavit of merit in that posture. Chechen required a meritorious cause of action to reopen the dismissed case. Neither decision makes attorney reputation or county caseload a test for relief.
CPLR 2005 permits discretion to excuse law office failure on qualifying applications. For the excusable-default ground, CPLR 5015(a)(1) supplies its own timing rule. In Reinhold (April 29, 2026), an unsupported claim that prior counsel had misled the defendants failed to establish an excuse; the court did not reach potential defenses.
Jason’s original comment
Jason’s December 2009 comparison follows unchanged. The opinions involved different procedural stages, so their outcomes alone do not establish a departmental rule.
Compare this to the First Department’s view on what is sufficient to demonstrate law office failure in order to show a reasonable excuse to open a default.
Frequently asked questions
Q: What constitutes sufficient detail for a law office failure excuse in the Second Department?
Chechen rejected a vague, unsupported excuse for two missed conferences. Reinhold’s 2026 ruling likewise required a detailed, credible account of the defaults at issue.
Q: How quickly must I move to vacate a default judgment?
Under CPLR 5015(a)(1), the one-year limit runs from service of the judgment or order with written notice of entry, or from entry if the moving party entered it. Other grounds have different requirements; delay also needs attention.
Q: Can I get relief from a default even if my client contributed to the problem?
These opinions do not rank client fault against attorney fault. In Reinhold, blaming former counsel without supporting details did not establish a reasonable excuse.
Q: What happens if I’ve had previous defaults in my practice?
Reinhold addresses repeated neglect in the litigation before the court. It does not establish an automatic penalty based on a lawyer’s unrelated cases.
Q: Does the strength of my underlying case affect default relief?
For the conference-default relief sought in Chechen, both a reasonable excuse and a meritorious cause of action were required. Lamar concerned a late answer before any default order or judgment.
Connect to the Encyclopedia
Start with the default judgments and vacatur collection. Related case notes:
- Lamar: a late answer before a default order existed
- A.B. Medical: workload and delay in seeking vacatur
- Westchester Medical: knowledge of the receiving office’s mail procedures
- Freedom Chiropractic: motion notice and an answer in the record
For review of a particular deadline, default or court order, contact the office.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Default Judgments in New York Practice
Default judgments arise when a party fails to answer, appear, or respond within required time limits. Vacating a default under CPLR 5015 requires showing a reasonable excuse for the failure and a meritorious defense or cause of action. In no-fault practice, defaults occur frequently in arbitration and court proceedings, and the standards for granting and vacating defaults have generated substantial case law. These articles analyze default practice, restoration motions, and the circumstances under which courts excuse procedural failures.
94 published articles in Defaults
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Dec 19, 2013Frequently Asked Questions
Common Questions About This Topic
5 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.
Q: What constitutes sufficient detail for a law office failure excuse in the Second Department?
Chechen rejected a vague, unsupported excuse for two missed conferences. Reinhold's 2026 ruling likewise required a detailed, credible account of the defaults at issue.
Q: How quickly must I move to vacate a default judgment?
Under CPLR 5015(a)(1), the one-year limit runs from service of the judgment or order with written notice of entry, or from entry if the moving party entered it. Other grounds have different requirements; delay also needs attention.
Q: Can I get relief from a default even if my client contributed to the problem?
These opinions do not rank client fault against attorney fault. In Reinhold, blaming former counsel without supporting details did not establish a reasonable excuse.
Q: What happens if I’ve had previous defaults in my practice?
Reinhold addresses repeated neglect in the litigation before the court. It does not establish an automatic penalty based on a lawyer's unrelated cases.
Q: Does the strength of my underlying case affect default relief?
For the conference-default relief sought in Chechen, both a reasonable excuse and a meritorious cause of action were required. Lamar concerned a late answer before any default order or judgment.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a defaults matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
