Key Takeaway
Linden Equipment excused delayed default proceedings on its particular record. Compare abandonment rulings and Jason's original 2015 commentary.
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.
Linden Equipment survived an abandonment motion despite a weak explanation for the delay. Its no-fault claim had merit, the insurer did not dispute that merit, and the record showed no prejudice from waiting. The First Department’s Appellate Term left the case pending.
Last reviewed: September 2026.
Historical note: Linden Equipment (October 27, 2015) upheld denial of an abandonment motion on that record. It neither reopened an entered default judgment nor established a First Department exemption from CPLR 3215(c).
An abandonment motion, not vacatur of a default
The provider had not sought entry of default within one year. The insurer moved to dismiss under CPLR 3215(c), and the Civil Court denied that motion. The Appellate Term affirmed. The decision did not itself award the provider default judgment or decide a defendant’s request to reopen one.
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Section 3215(c) concerns taking proceedings for entry within one year after default. Its dismissal direction includes an exception when sufficient cause is shown. The statute does not require a completed judgment in every case by the first anniversary.
The comparison is not simply Manhattan against the Second Department. The same First Department Appellate Term ordered dismissal in Acupuncture Works when the provider gave no reason for delay and did not oppose the abandonment motion.
A later First Department ruling, Shoo-In v Rivera (April 7, 2026), upheld denial of vacatur after a five-year delay in pursuing default judgment. It found the explanation insufficient and did not reach potential merit. Linden does not impose a universal requirement that the defendant prove prejudice before the complaint can be dismissed.
Jason’s original comment
Jason’s October 2015 reaction and personal opinion follow unchanged. The departmental comparisons and disciplinary examples are his commentary, not findings in Linden Equipment or current sanction rules; the unnamed disciplinary examples have not been verified.
This does not occur often: A failure to enter a default is excused. Yet, as readers of this blog over the last many years will know, defaults are harder to come by in the First Department as opposed to the Second Department. The hurdles you leap through to vacate a default in the Second Department are half as high in Manhattan or Bronx. In my estimation, this is a Uniform Court System that is anything but uniform. Now that I am off topic, did anyone read the recent report on attorney discipline in this State? Assume the offense of misappropriation of escrow funds with no prior disciplinary history. Upstate: Suspension that is suspended pending some type of counseling. Second Department: 3 years suspension. First Department: Disbarment (7 year suspension). Perhaps a uniform court system that uniformly decides issues, i.e., attorney discipline, vacatur of defaults, Unitrin issues really needs to be looked at.
My personal opinion: We should not be as strict in opening defaults. Matters really should be heard on the merits unless someone willfully abandons the case.
Connect to the Encyclopedia
Start with the default judgments and vacatur collection. Related case notes:
- Acupuncture Works: no explanation for delayed default proceedings
- Lamar: a late answer before a default order existed
- Chechen: an unsupported excuse after missed conferences
- 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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