How To Vacate a Default Judgment in New York: An Overview

If you have been served with a default judgment in New York, it is important to understand your options and what steps you need to take in order to have the judgment vacated. A default judgment is a court order that grants the relief requested by the plaintiff, without a trial, because the defendant failed to answer the complaint or appear in court.

In New York, there are two grounds upon which a defendant can base their motion to vacate a default judgment: (1) excusable default, and (2) meritorious defense. If the court finds that either of these grounds exists, it will vacate the default judgment and set aside the order granting relief to the plaintiff.

The first ground, excusable default, requires that the defendant show that they had a valid reason for failing to answer the complaint or appear in court.

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