Key Takeaway
Appeals court reverses district court decision allowing oral default applications, emphasizing proper motion procedures are required under CPLR 2214.
Default judgments occur when defendants fail to respond to lawsuits within required timeframes. While courts generally favor resolving cases on their merits, there are specific procedural requirements that must be followed when seeking to vacate a default judgment. One critical requirement is that applications to open defaults must be made through proper motion practice, not informal oral requests during court proceedings.
A recent Appellate Term decision highlights this principle and serves as an important reminder about procedural compliance in default judgment cases. The case demonstrates how even well-intentioned efforts by trial courts to allow defendants to participate can run afoul of established procedural rules, particularly when proper notice requirements are not met.
Jason Tenenbaum’s Analysis:
State Farm Mut. Auto. Ins. Co. v Young, 2012 NY Slip Op 50686(U)(App. Term 2d Dept. 2012)
“Upon defendants’ default in answering or appearing, an inquest was scheduled. Defendant Robert J. Young appeared at the inquest and orally sought to open his default and to serve and file an answer. By order dated March 4, 2011, the District Court granted the oral application, and defendant Robert J. Young filed a verified answer in which he stated that he was the “wrong person.” Thereafter, plaintiff moved to vacate the March 4, 2011 order or, in the alternative, for summary judgment. Plaintiff’s unopposed motion was denied by the District Court by order dated May 12, 2011, from which plaintiff appeals.”
“such application should have been supported by motion papers on notice to plaintiff (see CPLR 2214)”
This is not the first time I have seen this occur in that particular District Court.
Key Takeaway
The Appellate Term correctly reversed the district court’s decision to allow an oral application to vacate a default. Applications to open defaults must comply with CPLR 2214, requiring formal motion papers with proper notice to the opposing party. This procedural requirement protects all parties’ due process rights and ensures orderly court proceedings, even in cases involving potential mistaken identity or other defenses.
Legal Update (February 2026): Since this 2012 analysis, CPLR provisions governing default judgment procedures and motion practice requirements may have been subject to amendments or judicial interpretation updates. Practitioners should verify current CPLR 2214 motion requirements and recent Appellate Term decisions regarding oral applications to vacate defaults, as procedural standards and notice provisions in this area continue to evolve.
