Key Takeaway
Gecaj rejected an insurer-reliance excuse on its particular record but ordered a new damages inquest. The dissent read the broker's mistake differently.
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 default on liability stood, but damages required a new inquest. That was the divided First Department’s result in Gecaj v Gjonaj Realty & Management Corp., decided April 25, 2017. The defendants’ reliance on their insurance broker did not persuade the majority after years of direct notices from counsel and the court.
Last reviewed: September 2026.
Historical note: Gecaj (April 25, 2017) applied CPLR 5015(a)(1) to a prolonged, documented default. Its divided assessment of the excuse should not be turned into an automatic rule about insurance-carrier mistakes.
The majority and dissent read the excuse differently
The broker’s claims department had sent the papers to the wrong carrier. Defendants said they forwarded each document and received repeated assurances that the matter was being handled. The majority emphasized the unanswered default motions, continued notices and delay in seeking relief. It found no reasonable excuse under CPLR 5015(a)(1), so it did not need to decide whether the defense had merit.
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The dissent would have upheld vacatur based on the corroborated account of prompt forwarding and the broker’s mistake. Gecaj therefore calls for attention to the actual sequence of notices and responses. It does not make one notice, or one insurer mistake, decisive in every case.
The majority also found the damages proof insufficient to sustain the existing assessment and ordered a new inquest. Reinstating the liability default did not preserve the damages award.
Jason’s original comment
Jason’s May 2017 reaction follows unchanged in wording; a stray opening bold marker has been removed.
It is a very interesting discussion.
Connect to the Encyclopedia
Start with the default judgments and vacatur topic hub.
- Naber Electric: an explained late answer before judgment
- IDS v Metro Health: nonreceipt and documentary defenses
- Li Xian: corporate-service addresses and misrepresentation
- Farrell Forwarding: conference dismissal without prejudice
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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