Key Takeaway
GEICO v Sullivan: default proof must establish the other driver's liability, not just the insurer's payments. Jason's 2017 practice note is preserved.
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.
Paying an insured’s loss did not establish who caused the collision. In GEICO Ins. v Sullivan, decided April 7, 2017, the Appellate Term affirmed denial of the insurer’s unopposed default application because its proof did not establish the defendant’s negligence.
Last reviewed: September 2026.
Historical note: GEICO v Sullivan (April 7, 2017) rejected proof of negligence on that record. CPLR 3215(f) governs the proof supporting a default application; the decision did not adjudicate an expired limitations period.
What was missing from the application
GEICO supplied its recovery examiner’s account of payments and a complaint verified by a representative. Neither showed personal knowledge of the accident. The examiner relied on a police report, which did not cure that gap. The case concerned payments for lost wages and vehicle damage; the opinion did not decide a limitations defense or dismiss the action as time-barred.
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CPLR 3215(f) requires proof supporting the claim as well as the default. It is not limited to contract claims. Subdivision (a), rather than (f), addresses clerk-entered judgments for a sum certain or a sum made certain by computation. Proof that money was paid does not by itself establish the other driver’s liability.
Jason’s original observation about a possible limitations problem appears below. It was his inference, not an appellate finding. The opinion also does not compare inquest practices across Civil Court and District Court.
Jason’s original comment
Jason’s April 2017 observations follow unchanged. His limitations, license and bankruptcy predictions were commentary, not findings in GEICO v Sullivan. The opinion does not confirm the local-practice comparison.
This case highlights how disparate the uniform court system is. Here, Plaintiff clearly did not have sufficient facts to establish a default as to liability. I get that clearly, i.e., there was no affidavit or verification from the operator of the Subrogor’s vehicle. But I discuss this case because of what it does not say. Assume I filed the same subrogation case in Civil Queens and the defendant defaults. What do I do?
I file a Notice of Inquest with appropriate fees, put on the inquest calendar, bring whatever evidence of damages the assigned judge requires and knock out judgments and license suspensions. I sense that the District Court Clerk will require a motion for a default, refuses to engage in Civil Court practice and hence this case. That is why counsel here moved for leave to enter a default in the first instance.
Now it looks like the statute has run and Geico will never recover the $12,069.59. Brian Sullivan will keep his license and, yet, never knew how close he came to being in a lifetime payment plan or running to Central Islip to file a chapter 7
Connect to the Encyclopedia
Start with the default judgments and vacatur topic hub.
- Gantt: military affidavits and the accepted late answer
- 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.
If you need legal help with a defaults matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
