Key Takeaway
Lamar allowed the City's late answer before a default order existed. Its 2009 ruling is not blanket permission to reopen defaults on a general excuse.
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.
Lamar allowed the City to answer late. There was no default order or judgment to vacate. Read the title’s reference to a generalized excuse in that setting.
Last reviewed: September 2026.
Historical note: Lamar v City of New York (December 3, 2009) allowed a late answer before a default order or judgment had been entered. The title should be read in that procedural setting, not as a rule for reopening every judgment.
What Lamar actually allowed
The First Department affirmed denial of the plaintiff’s default motion and acceptance of the City’s answer as timely. It accepted the City’s general law-office-failure explanation in that setting, noted the absence of demonstrated prejudice and cited the preference for decisions on the merits. It expressly said an affidavit of merit was unnecessary because no default order or judgment had been entered.
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The decision cited Spira v New York City Transit Authority (2008), another decision evaluating the particular explanation and efforts to defend. The kind of application still matters; a late answer and a motion to reopen a judgment do not have identical requirements.
CPLR 3012(d) governs extensions to appear or plead and acceptance of untimely pleadings. CPLR 2005 allows consideration of law office failure on qualifying applications. Relief from an entered judgment under CPLR 5015(a)(1) is a different inquiry.
Reinhold (April 29, 2026) illustrates the limits of an unsupported explanation on a vacatur motion. Its rejection of the claimed excuse was not a ruling that the defendants lacked potentially meritorious defenses.
Jason’s original comment
Jason’s December 2009 question follows unchanged. It invites a comparison, not a prediction that the same papers would necessarily fail in another department.
What do you think would be the outcome of this case if this were adjudicated in the Second Department?
Frequently asked questions
Q: Can any attorney mistake be excused as “law office failure”?
No. CPLR 2005 permits discretion on qualifying applications; it does not make every mistake sufficient. Lamar accepted the City’s explanation in its late-answer posture.
Q: How quickly must I move for relief after discovering a default?
Promptly assess the order and applicable rule. Lamar is not a timing decision for vacating an entered judgment; CPLR 5015(a)(1) has a separate one-year rule tied to notice of entry or the moving party’s own entry.
Q: Does it matter which Appellate Division my case is in?
Applicable precedent matters, but compare the procedural stage too. Lamar involved a late answer before judgment; Chechen involved an existing conference dismissal.
Q: What documentation should I provide when claiming law office failure?
Explain what caused the delay with supporting facts. Reinhold rejected a conclusory claim that former counsel had misled the defendants; a general label did not supply the missing details.
Q: Can opposing counsel object to my law office failure excuse?
Yes. The parties can contest the explanation and requested relief. Lamar records a default motion and a competing request to accept the City’s answer; the result depended on that record.
Connect to the Encyclopedia
Start with the default judgments and vacatur collection. Related case notes:
- Chechen: an unsupported excuse after missed conferences
- A.B. Medical: workload and delay in seeking vacatur
- Westchester Medical: knowledge of the receiving office’s mail procedures
- Linden Equipment: why an abandonment motion was denied
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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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: Can any attorney mistake be excused as “law office failure”?
No. CPLR 2005 permits discretion on qualifying applications; it does not make every mistake sufficient. Lamar accepted the City's explanation in its late-answer posture.
Q: How quickly must I move for relief after discovering a default?
Promptly assess the order and applicable rule. Lamar is not a timing decision for vacating an entered judgment; CPLR 5015(a)(1) has a separate one-year rule tied to notice of entry or the moving party's own entry.
Q: Does it matter which Appellate Division my case is in?
Applicable precedent matters, but compare the procedural stage too. Lamar involved a late answer before judgment; Chechen involved an existing conference dismissal.
Q: What documentation should I provide when claiming law office failure?
Explain what caused the delay with supporting facts. Reinhold rejected a conclusory claim that former counsel had misled the defendants; a general label did not supply the missing details.
Q: Can opposing counsel object to my law office failure excuse?
Yes. The parties can contest the explanation and requested relief. Lamar records a default motion and a competing request to accept the City's answer; the result depended on that record.
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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.
