Key Takeaway
A.B. Medical's workload explanation and unexplained delay failed on its vacatur motion. The 2015 decision did not create a ten-month filing deadline.
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.
A busy schedule did not explain away the late opposition in A.B. Medical v CNA. The provider’s attorney also left an almost ten-month delay in seeking vacatur unexplained.
Last reviewed: September 2026.
Historical note: A.B. Medical v CNA (February 23, 2015) rejected the particular workload explanation and unexplained delay before it. It did not hold that every attorney error is inexcusable.
Two delays, neither adequately explained
The parties had stipulated to dates for opposition and reply papers on the insurer’s summary-judgment motion. The provider served opposition late; the Civil Court declined to consider it and granted the motion on default. The provider then sought relief under CPLR 5015(a)(1).
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The Appellate Term rejected the attorney’s workload explanation as mere neglect. It separately noted the lack of any explanation for waiting almost ten months to seek vacatur. Having found no reasonable excuse, it reached no other issue. The opinion does not establish the provider’s ability or inability to rebut the insurer on the merits.
The period mentioned in the case is a fact about the delay, not a new ten-month filing limit. Section 5015(a)(1) states a one-year period measured from service with written notice of entry, or from entry if the moving party entered the judgment or order. An explanation for the lapse remains a separate question.
CPLR 2005 permits courts to excuse law office failure on a qualifying application; this short decision does not repeal that discretion. Compare Amondi (June 16, 2026), where a detailed explanation and potentially meritorious claims supported a second vacatur motion after the first was denied without prejudice. The first motion’s without-prejudice denial allowed the more detailed application. Amondi does not authorize unlimited repeat motions.
Connect to the Encyclopedia
Start with the default judgments and vacatur collection. Related case notes:
- Chechen: an unsupported excuse after missed conferences
- Lamar: a late answer before a default order existed
- 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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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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