Key Takeaway
Pro-Med rejected MVAIC's unsupported explanation for a 2001 default judgment. The ruling addresses proof for vacatur, not an interest formula.
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.
Pro-Med’s default judgment dated from 2001. MVAIC tried to reopen it years later without records or personal knowledge supporting its explanation. The Appellate Term upheld denial of relief; it did not decide an interest rate or compounding formula.
Last reviewed: September 2026.
Historical note: Pro-Med concerns proof supporting excusable-default relief under CPLR 5015(a)(1); its disposition does not establish the judgment’s interest calculation.
Missing records did not establish the excuse
In Pro-Med Medical v MVAIC, 2018 NY Slip Op 50152(U), MVAIC said it first learned of the action in 2014 and the judgment in 2015. Its claims manager described a 2006 scanning project and implied that the relevant documents had not been scanned.
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The difficulty was evidentiary. Those assertions rested neither on personal knowledge nor apparently on records. The manager acknowledged having no documents with which to evaluate the claim. The court found no demonstrated reasonable excuse or meritorious defense for relief under CPLR 5015(a)(1).
That is a record-specific ruling, not a categorical ban on excusing administrative mistakes. Compare a supported explanation of how a file was misplaced with an inference that missing documents must explain a default.
The earlier expanded copy also attributed compound-interest provisions to CPLR 5004. That section sets interest rates; this opinion does not establish the applicable calculation for the judgment. Jason’s original comments about interest below should not be used as an interest calculation.
Jason’s original 2018 note
Jason’s original 2018 commentary follows. It reflects his account and reactions, not findings about the lawyers, the judgment’s interest rate or the outcome of any later application.
I remember a certain attorney who worked at the within Plaintiff firm (he will be nameless for purpose for anonymity) once told me a story about some MVAIC disaster case with an old default, tons of compounded interest and an exasperated defense attorney. Prior counsel for MVAIC I think made an OSC that did not go anywhere. Apparently, the new MVAIC defense firm believed that they could vacate this default. Do pigs fly? I would say MVAIC would want their money back, but the legal fees at whatever the hourly rate new counsel charged is nothing compared to the judgment amount. Compound interest folks.
By the way, did anyone talk to the third named partner at 11 Grace Avenue in the Village of Great Neck to see if he would shave some money of the judgment before engaging in what I can tell was an insane OSC and appeal? And I mean insane: Crazy Eddy Style… We all know what happened to Eddy Antar?
I guess now we seek leave to go the Appellate Division? Why not… the clock is ticking
Connect to the Encyclopedia
Start with the default judgments and law office failure guide.
- Viviane Etienne and Astoria Wellness: inaction after notice
- Pena-Vazquez: accepting an answer before judgment
- Brand Medical: late opposition and delayed vacatur
- Castaldini: cross-examination at a damages inquest
For review of a particular default or missed deadline, 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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