Key Takeaway
Court ruling demonstrates strict standards for vacating trial defaults, requiring parties to show valid excuses for non-appearance and prompt action to remedy defaults.
Understanding Trial Defaults and the Standards for Vacatur
When a party fails to appear for trial, courts may enter a default judgment against them. However, the law provides mechanisms to vacate these defaults under specific circumstances. The standards for overturning trial defaults are particularly stringent, requiring parties to demonstrate both a reasonable excuse for their non-appearance and a meritorious defense to the underlying claim.
A recent appellate court decision illustrates just how difficult it can be to meet these requirements, especially when a case has been pending for over a decade. The ruling serves as an important reminder that courts expect parties to be prepared for trial and to act promptly when seeking relief from adverse judgments. This case also highlights the parallel standards that apply to both plaintiffs and defendants when seeking adjournments or attempting to vacate default judgments.
Jason Tenenbaum’s Analysis:
SZ Med., P.C. v Allstate Ins. Co., 2018 NY Slip Op 50497(U)(App. Term 2d Dept. 2018)
“Plaintiff has not demonstrated that the Civil Court’s denial of plaintiff’s request for an adjournment was an abuse of discretion (see Nieves v Tomonska, 306 AD2d 332 ). Plaintiff did not show why it could not have been prepared to proceed on the day set for the trial of the then 11-year-old case, or why it had not attempted to obtain an adjournment in advance, or any other extenuating circumstances. Plaintiff also did not explain why it had waited seven months to move to vacate its default. ”
This in line with the defense cases where a carrier needs to present an excuse why their doctor cannot appear for trial and they cannot be ready.
Key Takeaway
Courts apply strict scrutiny when evaluating requests to vacate trial defaults. Parties must provide compelling explanations for their inability to proceed at trial, demonstrate they sought relief in a timely manner, and show they made reasonable efforts to avoid the default situation. The longer a case remains pending and the more time passes after a default occurs, the higher the burden becomes to justify vacating the default judgment.
