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New York Motion to Set Aside a Default Judgment

Vacate a New York default judgment under CPLR 5015(a)(1) within one year of service of the judgment with notice of entry, by showing a reasonable excuse and a meritorious defense.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. A default judgment is the judgment a court enters when a defendant does not answer or appear on schedule. In New York the main path is Civil Practice Law and Rules 5015(a)(1), which lets the court relieve you from a judgment on the ground of excusable default. You must move within one year after service of a copy of the judgment with written notice of its entry upon you. That clock is distinctive: it runs from service of the judgment with written notice of entry, not from entry alone. To win under 5015(a)(1), New York courts require two things together: a reasonable excuse for the default and a potentially meritorious defense to the action (a real defense you could raise if the case is reopened). You typically show that defense with a proposed verified answer or an affidavit of merit. New York also gives a separate path under CPLR 317 if you were served other than by personal delivery and did not receive actual notice in time to defend. DocDraft drafts a New York motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment a court enters when a defendant does not answer or appear in time. In New York you undo it with a motion to vacate under Civil Practice Law and Rules 5015(a), which reopens the case so it can be decided on the merits.

  2. 2

    The main ground is CPLR 5015(a)(1): relief from a judgment on the ground of excusable default. You must show the court a reasonable excuse for why you did not respond on time.

  3. 3

    The deadline runs from notice of entry, not from entry. Under CPLR 5015(a)(1) you must move within one year after service of a copy of the judgment with written notice of its entry upon you. That one-year clock does not start until you are served with the judgment and written notice of entry.

  4. 4

    New York applies a two-part standard. Beyond a reasonable excuse, courts require you to show a potentially meritorious defense to the action, meaning a real defense you could raise if the judgment is vacated and the case is reopened.

  5. 5

    You typically prove the defense with a proposed verified answer or an affidavit of merit submitted with the motion, so the court can see the defense you would assert on the merits.

  6. 6

    If the court never had jurisdiction over you, the judgment can be vacated under CPLR 5015(a)(4) with no fixed time limit. Separately, CPLR 317 lets a defendant served other than by personal delivery who did not receive actual notice in time to defend move to vacate, without needing to show a reasonable excuse for the default.

  7. 7

    There is no single statewide set-aside form. The motion is brought by order to show cause or notice of motion in the court where the judgment was entered. Some New York City Civil Court and consumer-debt matters provide order-to-show-cause forms to vacate a default; confirm your court's practice.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in New York, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 -against-

[DEFENDANT NAME], Defendant.

Index No.: [INDEX NUMBER]

NOTICE OF MOTION TO VACATE DEFAULT JUDGMENT; AFFIDAVIT IN SUPPORT

[C.P.L.R. 5015(a)(1)]

PLEASE TAKE NOTICE that upon the annexed affidavit of [DEFENDANT NAME] and the exhibits attached, Defendant will move this Court at [COURTHOUSE ADDRESS], on [DATE] at [TIME], or as soon thereafter as counsel may be heard, for an order vacating the default judgment entered on [DATE OF JUDGMENT], permitting Defendant to serve and file the proposed verified answer submitted with this motion, and granting such other relief as the Court deems just.

GROUNDS FOR THE MOTION

Defendant moves under Civil Practice Law and Rules 5015(a)(1) on the following grounds:

  1. This motion is timely. It is made within one year after service upon Defendant of a copy of the judgment with written notice of its entry, as required by CPLR 5015(a)(1). [State the date you were served with the judgment and notice of entry.]

  2. Defendant has a reasonable excuse for the default. [Describe why you did not answer or appear in time, for example you did not receive the summons, a medical emergency, or law-office failure.]

  3. Defendant has a potentially meritorious defense to the action. [State the defense, for example the debt was paid, the amount is wrong, the statute of limitations has run, or Defendant is not the correct party.] A proposed verified answer setting out this defense is submitted with this motion.

  4. [If applicable: The Court lacked jurisdiction because Defendant was never properly served, and the judgment should be vacated under CPLR 5015(a)(4), which has no fixed time limit.]

  5. [If applicable: Defendant was served in a manner other than personal delivery and did not receive actual notice of this action in time to defend, and relief is sought under CPLR 317.]

AFFIDAVIT IN SUPPORT

STATE OF NEW YORK, COUNTY OF [COUNTY], ss.:

[DEFENDANT NAME], being duly sworn, deposes and says: I am the Defendant in this action. [State the facts of the excusable default, when and how you learned of the judgment, and the facts supporting your meritorious defense.] The statements in this affidavit are true.

[DEFENDANT NAME]

Sworn to before me this [DATE].

Notary Public

WHEREFORE, Defendant respectfully requests an order vacating the default judgment entered on [DATE], permitting Defendant to serve and file the annexed proposed verified answer, and granting such other and further relief as the Court deems just and proper.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant Pro Se

AFFIRMATION OF SERVICE

I affirm that on [DATE] I served the foregoing notice of motion, affidavit, and proposed verified answer on the parties listed below by [method of service], in accordance with New York law.

[NAME OF PERSON SERVING]

[This is a compact skeleton. A motion to vacate a default may also be brought by order to show cause. Confirm your court's filing method, e-filing requirements, and local rules.]

New York Requirements for Motion to Set Aside a Default Judgment

Move within one year of notice of entry

Under CPLR 5015(a)(1) the motion must be made within one year after service upon you of a copy of the judgment with written notice of its entry. The clock runs from that service with notice of entry, not from entry alone, so calculate the date carefully.

Show a reasonable excuse for the default

CPLR 5015(a)(1) requires a reasonable excuse for why you did not answer or appear in time. Explain the facts, such as not receiving the summons, a medical emergency, or law-office failure, so the court can weigh whether the default is excusable.

Show a potentially meritorious defense

New York requires a second showing beyond the excuse: a potentially meritorious defense to the action. State a real defense you could raise if the judgment is vacated and the case is reopened on the merits.

Submit a proposed verified answer or affidavit of merit

To demonstrate the meritorious defense, movants typically submit a proposed verified answer or an affidavit of merit with the motion, so the court can see the defense you would assert if the case proceeds.

Check whether the judgment is void for lack of jurisdiction

If the court never had jurisdiction because you were not properly served, the judgment can be vacated under CPLR 5015(a)(4), which has no fixed time limit. This path does not depend on the one-year excusable-default deadline.

Consider the CPLR 317 no-actual-notice path

If you were served in a manner other than personal delivery and did not receive actual notice of the suit in time to defend, CPLR 317 lets you move to vacate without showing a reasonable excuse for the default. You still show a meritorious defense.

Support the motion with a sworn affidavit

Bring the motion by order to show cause or notice of motion, supported by your sworn affidavit stating the excusable-default facts, when you learned of the judgment, and the facts of your defense. Include the case caption exactly as it appears in the court record.

File in the court where the judgment was entered and serve the papers

File in the court that entered the judgment, serve the motion and proposed answer on the plaintiff, and file proof of service. There is no single statewide set-aside form; some New York City Civil Court and consumer-debt matters provide order-to-show-cause forms. Check your court's local rules and e-filing requirements.

Frequently Asked Questions

It is a request asking a New York court to vacate a default judgment, which is the judgment entered against a defendant who did not answer or appear in time. Vacating it reopens the case so you can defend it on the merits. The main basis is Civil Practice Law and Rules 5015(a)(1), which requires you to show a reasonable excuse for the default and a potentially meritorious defense to the action.

A default is your failure to answer or appear on time; a default judgment is the later judgment that actually decides the case against you based on that failure. Vacating a default before judgment is generally simpler. Once a default judgment is entered, you move under CPLR 5015(a)(1), typically within one year of service of the judgment with notice of entry, and you must show a reasonable excuse plus a meritorious defense.

Under CPLR 5015(a)(1) you must move within one year after service of a copy of the judgment or order with written notice of its entry upon you. The clock runs from that service with notice of entry, not from entry alone. If the judgment is void for lack of jurisdiction under CPLR 5015(a)(4), there is no fixed time limit.

Under CPLR 5015(a)(1) you must show two things together: a reasonable excuse for the default, and a potentially meritorious defense to the action. The excuse explains why you did not respond in time, and the meritorious defense shows you have a real defense you could raise if the case is reopened. Courts weigh both before vacating the judgment.

Often yes. If the court lacked jurisdiction because you were not properly served, the judgment can be vacated under CPLR 5015(a)(4), which has no fixed time limit. Separately, CPLR 317 lets a defendant served in some way other than personal delivery who did not receive actual notice of the suit in time to defend move to vacate, without needing to show a reasonable excuse for the default.

Usually you should. To show the potentially meritorious defense that CPLR 5015(a)(1) requires, a movant typically submits a proposed verified answer or an affidavit of merit demonstrating the defense. This lets the court see the defense you would assert if the judgment is vacated and the case proceeds on the merits.

You file it in the court where the judgment was entered, using an order to show cause or a notice of motion supported by your affidavit. There is no single statewide set-aside form. Some New York City Civil Court and consumer-debt matters provide order-to-show-cause forms to vacate a default, so check your court's practice and local rules for the filing method.