Key Takeaway
Gantt affirmed denial of a default judgment despite a military-affidavit dispute. Compare the 2016 ruling with the federal affidavit requirement.
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The defendants’ late answer was allowed in Gantt v North Shore-LIJ Health System. On June 2, 2016, the First Department affirmed the orders denying the plaintiff a default judgment. The court disagreed with the trial judge about the nonmilitary affidavit, but that disagreement did not change the result.
Last reviewed: September 2026.
Historical note: Gantt (June 2, 2016) rejected a jurisdictional objection to this nonmilitary affidavit while affirming denial of a default judgment. 50 U.S.C. § 3931 still supplies the federal affidavit and servicemember protections.
What Gantt decided
The plaintiff supplied the proof required by CPLR 3215(f). The court nevertheless accepted settlement discussions as an excuse for the relatively short delay in answering, with no prejudice shown. It also rejected the trial court’s treatment of an irregular nonmilitary affidavit as a jurisdictional defect: the defendant had not claimed active military service or military-dependent status at the time of default.
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The federal filing requirement remains separate. 50 U.S.C. § 3931(b) requires an affidavit giving military status and supporting facts, or stating that the plaintiff cannot determine that status, in covered proceedings where the defendant has not appeared. If military service appears, counsel must be appointed before judgment; uncertain status can require a bond.
The statute separately sets conditions for a stay and for reopening a default judgment. A defective affidavit does not make those questions interchangeable. Gantt’s reference to this defendant’s circumstances is not a complete statement of every servicemember or dependent protection.
Jason’s original comment
Jason’s June 2016 comments follow unchanged. His percentage estimate was expressly a suspicion, not measured data; his proposed OCA reforms and clerk-practice objections were opinions, not the holding.
Many judges (especially in Supreme New York) and the New York County Clerk require detailed military searches before entering a default judgment. I would love to see OCA fund a study as to the percentage of default judgments entered in this state against active duty members, since I suspect the number is less than 1%. Also, perhaps OCA can formulate rules as to what is required in a non-military affidavit similar to what they have done on the issue of what is necessary to enter a clerk’s judgment on a credit-card non-payment case.
Second, I also believe the New York County Clerk’s refusal to enter judgments based upon orders that Judges sign due to the failure to provide updated (or any) non-military affidavit of service is improper. OCA should address this also.
Connect to the Encyclopedia
Start with the default judgments and vacatur topic hub.
- GEICO v Sullivan: proof of negligence on a default application
- Naber Electric: an explained late answer before judgment
- Li Xian: corporate-service addresses and misrepresentation
- IDS v Metro Health: nonreceipt and documentary defenses
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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