Key Takeaway
Farrell Forwarding upheld a conference-default dismissal but made it without prejudice. The opinion did not grant a new deadline to sue.
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.
Farrell Forwarding Co. v Alison Transport left a conference-default dismissal in place but removed the words “with prejudice.” The Second Department’s July 30, 2014 decision treated that dismissal as procedural rather than a determination of the contract action’s merits.
Last reviewed: September 2026.
Historical note: Farrell Forwarding (July 30, 2014) addressed a conference dismissal under 22 NYCRR 202.27. The change to “without prejudice” did not decide the timeliness of a new action.
Dismissed, but not on the merits
The plaintiff failed to appear at a court-ordered conference and then failed to show either a reasonable excuse or a potentially meritorious claim. Dismissal under 22 NYCRR 202.27(b) was upheld. The appellate court changed it to a dismissal without prejudice.
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Section 202.27 of the Uniform Civil Rules addresses calendar and conference defaults. Farrell does not decide every possible ground for dismissal, and it does not establish that a plaintiff can safely skip trial. The opinion did not decide whether a later action would be timely.
Jason’s original comment considers the practical effect of time remaining to sue. The decision gave the plaintiff no fresh limitations period and did not determine whether it could start another timely action.
Jason’s original comment
Jason’s August 2014 comment follows unchanged. Farrell concerned a missed conference, not every possible trial dismissal, and did not decide whether a later suit would be timely.
This is interesting because the trial court is now without power to dismiss a case with prejudice when a plaintiff (counterclaiming defendant) fails to appear at trial. Assuming the SOL is 6 years or you are in a fast moving upstate court with a 3 year SOL on a tort case, a dismissal for non-appearance may not be all too bad.
Connect to the Encyclopedia
Start with the default judgments and vacatur topic hub.
- Naber Electric: an explained late answer before judgment
- Gecaj: insurance-broker error after repeated default notices
- Unique Physical Rehab: vacatur of an order entered during a stay
- Gantt: military affidavits and the accepted late answer
For review of a particular default, service issue or court order, contact the firm.
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.
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