Key Takeaway
Li Xian allowed default relief under CPLR 317 and 5015(a)(3). The sublease disclosed an address omitted from the corporate-service representation.
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.
The sublease gave an address for legal notices that the default application did not disclose. In Li Xian v Tat Lee Supplies Co., decided March 3, 2015, the First Department affirmed renewal and vacatur on both lack-of-actual-notice and misrepresentation grounds.
Last reviewed: September 2026.
Historical note: Li Xian (March 3, 2015) granted relief on two grounds. CPLR 317 and 5015(a)(3) remain distinct statutory routes; the address ruling was tied to this corporate-service record.
The two grounds for relief
Failing to keep a current address with the Secretary of State did not establish a reasonable excuse under CPLR 5015(a)(1). The corporation nevertheless qualified for relief under CPLR 317: it had not been personally served, lacked actual notice in time to defend and showed a meritorious defense.
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CPLR 5015(a)(3) supplied an additional ground. Counsel had represented the old address as the only known address for the extra summons mailing, although the plaintiffs’ sublease identified another one for legal notices.
CPLR 3215(g)(4) concerns additional mailing to qualifying corporations served through the Secretary of State under Business Corporation Law 306(b). Its corporate-service requirements should not be presented as a rule for every defendant. The court’s finding in Li Xian should not be expanded into a promise that any accidental address error requires vacatur.
Jason’s original comment
Jason’s March 2015 reaction follows unchanged. Calling the ruling a new twist was his assessment, not a holding that every mistaken address warrants relief.
This is a new twist on CPLR 5015(a)(3) jurisprudence.
Connect to the Encyclopedia
Start with the default judgments and vacatur topic hub.
- GEICO v Sullivan: proof of negligence on a default application
- Gantt: military affidavits and the accepted late answer
- IDS v Metro Health: nonreceipt and documentary defenses
- Unique Physical Rehab: vacatur of an order entered during a stay
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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