Key Takeaway
Josephson applied CPLR 3215(c) after a calendar default. The question was timely proceedings for judgment, not whether entry finished within one year.
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.
Josephson applied CPLR 3215(c) to a calendar default. The provider did not show that it had taken proceedings for judgment within the following year. The distinction matters: the statute does not require judgment entry itself to be completed within that year.
Last reviewed: September 2026.
Historical note: Josephson concerns abandonment after a calendar default; the operative distinction in CPLR 3215(c) remains taking timely proceedings for entry, subject to sufficient cause.
The missing step after the calendar default
In Josephson v State Farms Insurance, 2018 NY Slip Op 51132(U), State Farm missed a June 30, 2008 calendar call. Judgment was entered on February 9, 2016. The Appellate Term affirmed vacatur and dismissal after the provider failed to demonstrate timely proceedings for entry.
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The long interval was not the whole test. CPLR 3215(c) requires dismissal for failure to take proceedings within one year unless sufficient cause is shown. Review the intervening applications and orders before drawing a conclusion from the judgment date alone.
Josephson addressed obtaining judgment after default. A motion by the defaulting party for relief under CPLR 5015(a)(1) is a different procedure, with a different timing provision. Do not combine their one-year periods.
Jason’s original 2018 note
Jason’s original 2018 reaction follows. Its references to entering judgment within one year are shorthand that needs the correction above: timely proceedings, not necessarily completed entry, are the statutory test.
We have seen the one year period to dismiss due to the failure to tale a default judgment when a judgment it not taken within one year to answer or reply to a counterclaim. This is a new twist. When a calendar default occurs, the failure to enter a judgment within one year serves as an abandonment of the action. I have never seen this one before but I will keep this case on my short list.
Connect to the Encyclopedia
Start with the default judgments and law office failure guide.
- Guccione: dismissal without a merits determination
- Castaldini: cross-examination at a damages inquest
- City Dental: a vacatur branch left undecided
- Pena-Vazquez: accepting an answer before judgment
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.
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.
