Default Judgments & Vacatur
Law office failure, nonreceipt, default-judgment proof and notice, late answers and vacatur: historical case notes with current statutory references and 2026 decisions.
83 articles from 2009–2021 · 2 current · 31 reviewed case notes · by Jason Tenenbaum
Start here
The explainer for this topic. Read it first; the articles below go deeper on single issues.
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- Inquests Reviewed Sep 12, 2026 · first published 2020
Castaldini ordered a new damages inquest after a physician's statement was admitted without cross-examination. Liability was not reopened.
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
2019
2018
2017
2016
2015
2013
2011
2010
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2021 (1)
2020 (3)
2017 (10)
- Defaults
- Proper Service on Foreign LLCs in New York: LLC Law Sections 304 and 307
- CPLR 2004 offers some relief to the dreaded Civil Kings motion stip
- The DJ as to the Provider That Never Was: Res Judicata Limits in NY No-Fault
- Vacating a Default Judgment: Two Consecutive Claims-Office Errors Doom the Reasonable Excuse
- Default reinstated on utter technicality
- Was There Opposition to the Default Motion? CPLR 5511 and Non-Appealable Orders
- It really was not on consent again
- Reasonable excuse not upheld
- Answer rejected through subsequent motion for default
2016 (4)
2015 (7)
- Entering judgment on a settlement – not what you thought
- Law Office Failure in New York: Why Repeated Calendar Errors Are Not a Reasonable Excuse
- Default judgment vacated
- CPLR 308(2) in action – the successful traverse
- Dismissal for failure to take a default itself failed
- Defaults – the right to notice
- Failure to stipulate to an adjournment can be law office failure – sufficient to vacate a summary judgment loss on default
2014 (5)
2013 (4)
- Failure to enter default within one year allows vacatur of default under a Woodson theory
- An intentional default excused based upon court’s inherent power to vacate defaults
- Movant bears burden to show that application to vacate default under 5015(a)(1) was timely made
- Failure to comply with 3215(f) is not jurisdictional
2012 (3)
2011 (2)
2010 (7)
- More excusable law office failure
- This was excusable law office failure
- The proper mecanism to vacate a motion for summary judgment granted on default is through 5015(a)
- Party seeking to vacate a default based upon intrinsic fraud must demonstrate a reasonable excuse
- Defaults again
- Another doozy of a default decision
- Default vacated on CPLR 317 grounds
Frequently asked questions
What is a default in New York civil litigation?
A default is a party's failure to take a required step in time, most often a defendant's failure to appear. Under CPLR 320(a) a defendant appears by serving an answer, a notice of appearance, or a motion that extends the time to answer, within twenty days after service of the summons, or thirty days for the service methods that rule lists. When a defendant has failed to appear, plead, or proceed to trial, the plaintiff may seek a default judgment under CPLR 3215(a). The defaulting party may move to vacate for excusable default under CPLR 5015(a)(1) within one year after service of the judgment with notice of entry.
What constitutes a reasonable excuse to vacate a default?
A reasonable excuse is a specific, documented explanation for the missed deadline, judged in the court's discretion. CPLR 5015(a)(1) allows relief for an excusable default, and CPLR 2005 says a court is not precluded, as a matter of law, from excusing a default resulting from law office failure. Being busy is not enough. In Hurgada Physical Therapist, P.C. v NY Cent. Mut. Fire Ins. Co., 2017 NY Slip Op 51449(U) (App Term, 2d Dept 2017), the court refused to vacate a default where counsel's excuse was a heavy workload, which amounts to nothing more than mere neglect. A reasonable excuse is only one required showing.