Key Takeaway
City Dental distinguishes renewal, reargument and vacatur after late opposition. The separate CPLR 5015 request remained pending, not denied.
This article is part of our ongoing defaults coverage, with 90 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.
City Dental left a request to vacate a default undecided. The defendant had also asked for renewal and reargument, but those labels did not supply review of opposition papers the court had rejected as late.
Last reviewed: September 2026.
Historical note: City Dental’s result turns on a default and an undecided vacatur branch; CPLR 5015 governs relief from the underlying order, separately from renewal and reargument.
Three requests, different appellate outcomes
In City Dental Services v Country Wide Insurance, 2013 NY Slip Op 50474(U), the insurer tried to file opposition almost two months after the stipulated deadline. The court rejected it and granted the provider’s summary-judgment motion on default.
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The Appellate Term dismissed the appeal from denial of reargument because that denial was not appealable. It affirmed denial of renewal: the remedy for the underlying default was an application to vacate it, not renewal of opposition that had never been considered.
There was such a request under CPLR 5015(a)(1). The lower court had not decided that branch, so it remained pending. The appellate decision neither granted nor denied vacatur and did not direct the defendant to remake the motion.
The useful record check is simple: identify each requested branch of relief, then compare it with the signed order. An omitted branch and a denied branch are not the same appellate problem.
Jason’s original 2013 note
Jason’s original 2013 questions follow. The opinion answers only the status of the pending branch; it does not establish that another motion was required.
So, the court punted. Now what happens? Does the motion have to be remade now? Also, was their prejudice because of the late opposition? Or, is this the Civil Kings briefing schedule shell game that furthers the “gotcha” mentality that no-fault has engendered over the last 15 years?
Connect to the Encyclopedia
Start with the default judgments and law office failure guide.
- Brand Medical: late opposition and delayed vacatur
- Viviane Etienne and Astoria Wellness: inaction after notice
- Pro-Med: an explanation unsupported by records
- Josephson: proceedings after a calendar default
For review of a particular default or missed deadline, 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.
90 published articles in Defaults
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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.
