![Abandoned (3215[c])](https://cdn.jtnylaw.com/blog/responsive/abdandoned-1200w.avif)
Key Takeaway
Acupuncture Works lost after an unexplained delay and an unopposed motion. CPLR 3215(c) has a sufficient-cause exception, not an automatic merits judgment.
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.
Acupuncture Works did not explain its late default motion and did not oppose the defendant’s cross-motion to dismiss for abandonment. The First Department’s Appellate Term reversed the refusal to dismiss.
Last reviewed: September 2026.
Historical note: Acupuncture Works (October 22, 2014) required dismissal where the late motion gave no reason for delay and the plaintiff did not oppose the abandonment cross-motion. That record distinguishes it from Linden Equipment.
What the plaintiff’s papers omitted
The court required a viable excuse for the delay and a meritorious cause of action to avoid dismissal on this record. The provider’s moving papers did not address why it waited, and no opposition to the abandonment cross-motion filled that gap. The reason for the delay was missing from the papers, rather than supplied and rejected.
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CPLR 3215(c) directs dismissal when the plaintiff fails to take proceedings for entry of judgment within one year after default, unless sufficient cause is shown. It does not say every judgment must be entered within that year. Nor does this opinion label its dismissal with prejudice or resolve the underlying medical-benefits claim on the merits.
Linden Equipment, decided by the same Appellate Term the following year, upheld refusal to dismiss on a different showing. The contrast is in the papers submitted to explain the delay, not merely the court’s department.
Shoo-In v Rivera (April 7, 2026) supplies a later comparison: a five-year delay remained inadequately explained despite references to an associate’s departure, pandemic disruption and settlement discussions. The First Department did not reach the underlying claim’s potential merit after rejecting the excuse.
Jason’s original comment
Jason’s October 2014 comment follows unchanged. The deadline discussed here concerns the plaintiff’s proceedings for judgment after the defendant’s default, with the statute’s sufficient-cause exception.
The failure to answer, appear or move within one year will usually spell the end of a case since dismissal is mandatory.
Connect to the Encyclopedia
Start with the default judgments and vacatur collection. Related case notes:
- Linden Equipment: why an abandonment motion was denied
- Freedom Chiropractic: motion notice and an answer in the record
- Citimortgage v Gill: review of a denied ex parte application
- A.B. Medical: workload and delay in seeking vacatur
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.
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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