Civil Court shenanigans
Civil Court procedural delays and discovery disputes in no-fault insurance provider case, including stay orders and preclusion motions in New York courts.
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90 articles by Jason Tenenbaum, Esq.
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.
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Inquests
Learn about inquest procedures in NY default judgment cases, including damage assessment rules and cross-examination requirements for witness testimony.
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Improvident to examine papers
Court rules that vague "law office failure" excuse doesn't justify late opposition papers, but defendants still failed to prove their summary judgment case.
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Motion for leave to enter a default insufficient
Attorney Jason Tenenbaum analyzes a questionable court decision regarding notice requirements for default judgment motions when defendants have already defaulted.
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Absolutely horrible decision
Court upholds default judgment against GEICO despite wrong index number on timely answer in no-fault insurance case, creating concerning precedent for technical defects.
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Calendar service did not transmit the adjournment stipulation
Court accepts calendar service failure as reasonable excuse for default, allowing plaintiff to vacate summary judgment when attorney never received briefing schedule notification.
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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.
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More Defaults
Court denies motion to vacate default judgment when plaintiff fails to demonstrate meritorious defense, despite questions about reasonable excuse for the default.
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Settlement of a default judgment
Settlement of default judgments in NY: five days notice required when defendant previously appeared. Court jurisdiction and CPLR 3215 requirements explained.
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New York Default Judgment Laws: When Insurance Delays Don’t Excuse Missing Court Deadlines
Learn how NY courts handle default judgments when defendants claim insurance delays. Expert analysis of Shy v Shavin Corp case. Call 516-750-0595 for consultation.
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CPLR 5015(a)(1) in New York Personal Injury Cases: Setting Aside Default Judgments
Learn how CPLR 5015(a)(1) allows setting aside default judgments in NY personal injury cases. Expert guidance on reasonable excuse, meritorious defense requirements. Call 516-750-0595.
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Law Office Failure
New York's Second Department outlines when law office failure constitutes excusable conduct for missing court appearances in this mortgage foreclosure case.
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Understanding New York No-Fault Insurance EUO Requirements: Why DFS Does Not Approve Improper Disclaimers
Learn why DFS does not approve improper EUO disclaimer practices in NY no-fault insurance. Expert legal analysis from experienced Long Island lawyers. Call 516-750-0595.
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Trial De Novo Default Judgment NY – No-Fault Insurance Requirements
Learn trial de novo default judgment requirements in NY no-fault insurance cases. Essential procedural guidance. Call 516-750-0595 for legal help.
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Another way to take a default
New York courts handle default judgment applications differently by region, with upstate requiring ex-parte motions while downstate uses notice procedures.
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A new caveat on the one year period to enter a judgment
Court rules plaintiff's failure to enter default judgment within one year of calendar default constitutes abandonment under CPLR 3215(c), dismissing no-fault case.
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Where was the reasonable excuse?
Two NY court cases examine reasonable excuse requirements for opening defaults in no-fault insurance litigation, highlighting challenges defendants face.
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Guideposts to vacate a trial default
Court ruling demonstrates strict standards for vacating trial defaults, requiring parties to show valid excuses for non-appearance and prompt action to remedy defaults.
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Meritorious defense not needed
First Department ruling creates conflict over whether meritorious defense affidavits are required when seeking to vacate default judgments in New York courts.
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“Detailed and Credible” Explanation for the default
Court requires "detailed and credible" explanation for law office failure when seeking to vacate default judgment, as demonstrated in Premier Surgical Services case.
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An appeal that really went nowhere
MVAIC fails to vacate default judgment due to lack of reasonable excuse and meritorious defense in New York no-fault insurance case with compound interest.
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Defaults…
Court denies motion to vacate no-fault insurance default judgment where provider's attorney cited heavy workload as excuse, ruling mere neglect insufficient under CPLR 5015.
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Service!
New York court ruling on proper service requirements for foreign LLCs under LLC Law sections 304 and 307, including Secretary of State delivery and direct notice procedures.
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CPLR 2004 offers some relief to the dreaded Civil Kings motion stip
CPLR 2004 motion for time extension in civil litigation - Court considers delay length, prejudice, and good cause factors in New York cases.
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The DJ as to the provider that never was
New York appellate court ruling on amendment to pleadings and res judicata defense in no-fault insurance case, analyzing default judgment procedures.
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2 consecutive error disallow default vacatur
New York court rules two consecutive errors by insurance claims examiner - failing to forward summons and default motion - disallow default judgment vacatur despite reasonable excuse claims.
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Default reinstated on utter technicality
NY court reinstates default judgment on technicality despite defendant's motion, highlighting critical procedural requirements for vacating defaults under CPLR 5015(a).
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Court addresses lack of meritorious defense and fails to evaluate reasonable excuse
Court case examining insurance company's failure to demonstrate meritorious defense when vacating default judgment due to accident date discrepancy in no-fault claim.
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Was there opposition to the default motion?
Court ruling clarifies when failure to oppose venue change motions creates appealable default orders in New York civil procedure.
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Interesting decision on insurance carrier fauilure
Court ruled that defendants cannot claim reasonable excuse for default when they received notice of motion for default judgment, despite insurance carrier's failure to respond.
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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.
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Defaults 3215(f) – what does it mean?
Analysis of CPLR 3215(f) default judgment requirements in NY no-fault subrogation cases, examining procedural differences between Civil and District Courts.
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Reasonable excuse not upheld
Court rejects law firm's reasonable excuse claim for default, finding pattern of neglect that constitutes serious lack of attention to case progress.
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The famous briefing schedule
Court analyzes briefing schedule defaults in no-fault insurance case, examining law office failure excuses and CPLR 5015 requirements for opening defaults.
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Answer rejected through subsequent motion for default
First Dept. ruling expands definition of "rejected" answers, allowing default motions within 15 days to effectively reject untimely responses in litigation.
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Default granted but summary judgment motion denied
Global Liberty Ins. Co. v W. Joseph Gorum case analysis: court grants default but denies summary judgment on medical necessity peer review signature issues.
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Failure to check e-mail in e-filed case is a reasonable excuse to a default
First Department rules that failure to regularly check email in e-filed cases can constitute reasonable excuse for vacating defaults, emphasizing particularized explanations.
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Default – First Department reverses vacatur of the judgment
First Department reverses vacatur of default judgment due to insurer's inadequate excuse for two-year delay and lack of personal knowledge of office procedures.
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The Civil Kings briefing schedule
Court case analyzing default judgment after late opposition papers, examining Civil Kings briefing schedule adherence and prejudice standards in NY courts.
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Defaults – required military affidavit (Maybe OCA can do something?)
Analysis of military affidavit requirements for default judgments in NY courts, discussing jurisdictional defects and OCA reform proposals for streamlined procedures.
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IDS?
New York appellate court upholds trial court's decision to vacate defendant's default judgment based on reasonable excuse for failing to timely respond to petition.
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Failure to enter a default excused
First Department court excuses plaintiff's failure to enter default judgment within one year in no-fault benefits case, highlighting inconsistent standards across NY departments.
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Entering judgment on a settlement – not what you thought
Court rules Kings County Clerk lacked authority to enter clerk's judgment on settlement stipulation requiring notice and unspecified amount under CPLR 3215(i)(1).
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Default judgment upheld
Appeals court upholds default judgment against defendants who failed to comply with discovery order in State Farm no-fault insurance case, requiring reasonable excuse and meritorious defense.
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A two strike rule on Law Office Failure
New York appellate court upholds dismissal when attorney calendared conference dates incorrectly twice, ruling repeated calendar errors don't constitute reasonable excuse.
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Default judgment vacated
Court vacates default judgment due to insufficient proof under CPLR 3215, requiring personal knowledge affidavits and verified complaints for proper establishment.
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The dismissal should have been without prejudice
Appellate court corrects trial court's dismissal with prejudice ruling in mortgage foreclosure case, emphasizing proper application of procedural dismissal standards.
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CPLR 308(2) in action – the successful traverse
Court case analysis of CPLR 308(2) service requirements showing successful traverse of default judgment based on improper mailing to wrong address despite valid personal service.
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Dismissal for failure to take a default itself failed
Court rules that making a timely default judgment application protects plaintiffs from CPLR 3215(c) dismissal, even if the application ultimately fails.
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Defaults – the right to notice
Analysis of Paulus v Christopher Vacirca ruling on CPLR 3215(g)(1) notice requirements for default judgments when defendants have appeared in NY actions.
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Misrepresentation based upon failure to serve last known address
Court grants vacatur of default judgment when plaintiff's counsel misrepresented defendant's address for service, establishing new precedent under CPLR 5015(a)(3).
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Excusable neglect not acceptable
Court rejects attorney's heavy workload as excuse for missing deadline, emphasizing that mere neglect cannot justify vacating default orders in legal proceedings.
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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.
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It is not 5015 but 317
Court case analysis on CPLR 317 defense for defendants who didn't receive proper notice of summons, exploring alternatives to CPLR 5015 for vacating defaults.
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Valid excuse for law Office Failure
Court accepts law office failure as valid excuse for missing conference when defendants provide detailed, credible explanation for miscommunication between attorneys.
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Default granted where answer is 6 months later
First Department demonstrates lenient approach to vacating default judgments based on law office failure, contrasting with Second Department's stricter stance on defaults.
Read More →![Abandoned (3215[c])](https://cdn.jtnylaw.com/blog/abdandoned.avif)
Abandoned (3215[c])
New York's CPLR 3215(c) requires dismissal when plaintiffs fail to seek default judgment within one year, as demonstrated in Acupuncture Works v NYC Transit case.
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Vacatur of the default granted
First Department case analysis showing factors courts consider when vacating defaults, including reasonable excuse requirements and service issues in NY litigation.
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Default not granted and a questionable appeal
Court grants extension to answer despite weak law office failure excuse. Attorney questions plaintiff's strategy of pursuing default instead of summary judgment.
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Failure to appear may not result in dismissal with prejudice
NY court rules that dismissal for failure to appear at conference should be without prejudice, not with prejudice, as it's not a determination on the merits.
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Failure to enter default within one year allows vacatur of default under a Woodson theory
NY court vacates default judgment using inherent discretionary power when plaintiff failed to move for default within one year, demonstrating Woodson theory application.
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An intentional default excused based upon court’s inherent power to vacate defaults
Court's inherent power to vacate default judgments in NY personal injury cases - Gurin v Pogge demonstrates when intentional defaults may be excused for substantial justice.
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Movant bears burden to show that application to vacate default under 5015(a)(1) was timely made
New York court confirms that parties seeking to vacate default orders under CPLR 5015(a)(1) must prove their motion was filed within the one-year deadline.
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Failure to comply with 3215(f) is not jurisdictional
Court of Appeals rules CPLR 3215(f) violations are procedural errors, not jurisdictional defects, allowing correction via CPLR 5015 motions rather than nullifying judgments.
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Shell game
Court case analysis where defendant's motion to renew and reargue was denied after defaulting on no-fault insurance summary judgment opposition papers.
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Service of papers in accordance with the CPLR should be considered even if not in accordance with the Kings County Civil Court briefing schedules
Kings County Civil Court case shows CPLR service rules should prevail over local briefing schedules when no prejudice exists in no-fault insurance litigation.
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District Suffolk reversed – Oral applications to vacate a default are not appropriate
Appeals court reverses district court decision allowing oral default applications, emphasizing proper motion procedures are required under CPLR 2214.
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Why take a default in the First Department?
New York's First Department shows leniency in vacating default judgments when law office failures are excusable and no prejudice exists to the opposing party.
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Default judgment conditionally granted
Court conditionally grants default judgment despite plaintiff's failure to meet CPLR 3215(f) requirements for verified complaint and proper affidavit support.
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Give it up MVAIC
MVAIC's repeated failed attempts to vacate default judgments highlight the futility of raising the same meritless arguments on appeal in no-fault insurance cases.
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Settlement negotiations constitute a reasonable execuse under 3012(d) and 5015(a)(1) by implication
NY court ruling that settlement negotiations constitute reasonable excuse for delay under CPLR 3012(d) and 5015(a)(1), protecting defendants from default judgments.
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CPLR 312-a service was not properly effected: complaint dismissed
Learn how CPLR 312-a service defects can destroy your case. Expert guidance on service of process requirements for healthcare providers in New York.
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More excusable law office failure
Law office failure case where First Department found excuse reasonable for restoring dismissed no-fault action despite paralegal's misunderstanding of case status on court website.
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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
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Is it really the public policy of this state to adjudicate cases on their merits? Ask the Appellate Term, Second Department.
Appellate Term Second Department cases on insurance default judgments, law office failure excuses, and CPLR 2004 extensions in New York no-fault litigation.
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The proper mecanism to vacate a motion for summary judgment granted on default is through 5015(a)
Learn the proper mechanism to vacate summary judgment granted on default through CPLR 5015(a) motions vs renewal motions in NY no-fault insurance cases.
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Party seeking to vacate a default based upon intrinsic fraud must demonstrate a reasonable excuse
New York court rules on vacating default judgments based on intrinsic fraud - defendant must show reasonable excuse for default under CPLR 5015(a)(3).
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Defaults again
NY courts increasingly require movants seeking default judgments to provide summary judgment-level proof. Appellate Division case analysis on rear-end collision presumptions.
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Another doozy of a default decision
Court reverses default judgment denial in no-fault insurance case, highlighting CPLR 3215(f) requirements and business records foundation issues in New York.
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Default vacated on CPLR 317 grounds
Expert analysis of successful CPLR 317 motion to vacate default judgment in New York. Learn how proper legal strategy defeated challenging default in Second Department.
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Default Judgment Pitfalls: Why Non-Hearsay Evidence Is Critical in New York Declaratory Judgment Actions
Learn why default judgments in NY declaratory judgment actions require non-hearsay evidence. Expert analysis of CPLR 3215 requirements from experienced attorneys.
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Affidavits of Non-Receipt and Default Judgment Procedures in NY Personal Injury Cases
Learn NY requirements for affidavits of non-receipt to vacate default judgments in personal injury cases. Expert CPLR guidance. Call 516-750-0595
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Why Law Office Failure Excuses Must Be Detailed to Open Default Judgments in NY
Learn why NY courts require detailed law office failure excuses for default relief. Expert analysis of Second vs First Department standards. Call 516-750-0595.
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Generalized Averment of Law Office Failure is Sufficient to Open a Default: A Comprehensive Analysis
Analysis of NY appellate court ruling on law office failure as good cause to open defaults, examining regional variations and procedural requirements.
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Motion Return Date Adjournments in New York Courts – Expert Legal Guidance
Learn when New York courts will grant motion adjournments and the consequences of appearing unprepared. Expert legal guidance for Nassau & Suffolk County cases.
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If you detail a procedure, you must make sure you demonstrate that it was followed
Learn why New York attorneys must demonstrate procedural compliance when seeking to vacate defaults based on law office failure in Nassau and Suffolk County courts.
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A default that is more than meets the eyes
Understand the complex implications of default judgments in NY no-fault cases. Learn strategic defense approaches and collateral estoppel consequences.
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Claims Office Failures: When Administrative Mistakes Are Excusable Under NY Law
Expert analysis of excusable claims office failures in NY no-fault insurance law. Long Island & NYC legal guidance for administrative mistakes. Call 516-750-0595.
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Understanding Foundation Requirements in Medical Malpractice Expert Testimony
New York medical malpractice expert testimony foundation requirements. Learn critical standards for expert witness preparation in Nassau and Suffolk County cases.
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