Why Trust This Analysis
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.
Court Rejects “Reasonable Excuse” Defense in Default Case
Courts have discretion when determining whether to excuse a party’s default in litigation, but that discretion has limits. A recent New York appellate decision demonstrates that while isolated instances of law office failure may constitute a reasonable excuse, courts will not tolerate patterns of neglect that show a fundamental lack of attention to a case’s progress.
The case involved Clinton Place Medical, P.C. versus Allstate Insurance Company, where the defendant sought to vacate a default judgment by claiming law office failure as a reasonable excuse. However, the court found that the evidence showed something more troubling than a simple administrative error — it revealed a pattern of neglect that warranted denial of the motion.
This decision highlights the importance of maintaining proper case management procedures, as courts generally take a dim view of repeated failures to meet procedural deadlines. The distinction between excusable law office failure and inexcusable patterns of neglect can be decisive in default proceedings.
Jason Tenenbaum’s Analysis:
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
Clinton Place Med., P.C. v Allstate Ins. Co., 2017 NY Slip Op 50400(U)(App. Term 2d Dept. 2017)
“The determination of what constitutes a reasonable excuse for a default generally lies within the sound discretion of the motion court (see Scarlett v McCarthy, 2 AD3d 623 ) and, in the exercise of its discretion, a court can accept a claim of law office failure as such an excuse (see CPLR 2005) if the facts submitted in support thereof are in evidentiary form and are sufficient to justify the default (see Dodge v Commander, 18 AD3d 943, 946 ; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 ). However, courts do not have to excuse a pattern of neglect which amounts to “a serious lack of concerned attention to the progress of action” (Lauro v Cronin, 184 AD2d 837, 839 ). In the case at bar, the record demonstrates a pattern of neglect which should not be excused (see Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d at 554)”
The Good Hands people cannot be happy.
Key Takeaway
While courts have discretion to excuse defaults based on law office failure, they will not tolerate patterns of neglect that demonstrate a serious lack of attention to case management. Attorneys must provide evidentiary support for their excuses and show that defaults result from isolated incidents rather than systematic failures in their practice.
Related Articles
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
Keep Reading
More Defaults Analysis
Civil Court shenanigans
Unique Physical Rehab vacated a preclusion order entered during an appellate stay. The opinion distinguished inherent authority from jurisdictional relief.
Apr 24, 2021
Interest of justice vacatur
New York court grants vacatur of default judgment in no-fault insurance case where claim was barred by res judicata, demonstrating interests of justice standard.
Mar 17, 2021
It really was not on consent again
Appellate Term case where attorney disputed consent order despite court notation, resulting in unsuccessful appeal of $500 no-fault insurance claim in Civil Court Kings County.
May 6, 2017
Failure to stipulate to an adjournment can be law office failure – sufficient to vacate a summary judgment loss on default
Court finds that failure to stipulate to adjournment can constitute law office failure, providing grounds to vacate summary judgment entered on default.
Feb 12, 2015
This was excusable law office failure
NY Court reverses dismissal for attorney's failure to appear, ruling law office failure due to family health crisis was excusable under CPLR 2005
Nov 29, 2010
DJ following a default
Court takes judicial notice of permanent stay order in no-fault insurance case, rendering declaratory judgment appeal academic under NY law.
Feb 12, 2020Was this article helpful?
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.
