How do I set aside a default judgment in New York?

1. Governing Rule. CPLR § 5015(a) governs relief from a judgment or order. CPLR § 317 separately allows defendants who were served other than by personal delivery and did not receive actual notice to move within one year of learning of the judgment.

2. Grounds. Under § 5015(a): (1) excusable default; (2) newly discovered evidence; (3) fraud, misrepresentation, or other misconduct; (4) lack of jurisdiction; (5) reversal, modification, or vacatur of a prior judgment on which it is based. Courts also retain inherent power to vacate in the interest of substantial justice.

3. Deadline. § 5015(a)(1): one year after service of a copy of the judgment with notice of entry. § 5015(a)(2)-(3): reasonable time. § 5015(a)(4) (no jurisdiction): no time limit. § 317: within one year of learning of the judgment, and not more than five years after entry.

4. Mandatory vs Discretionary. Discretionary, but vacatur is favored where the moving papers show a reasonable excuse and meritorious defense (Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138).

5. Required Showing. (a) Reasonable excuse for the default; (b) a meritorious defense supported by an affidavit of facts (not merely a verified answer); (c) for § 317 motions, only meritorious defense and lack of actual notice are required.

6. Filing Procedure. Order to show cause or notice of motion + supporting affidavit + proposed verified answer; serve all parties.

7. Bond / Conditions. Court may impose conditions including payment of costs and an undertaking under CPLR § 5519.

8. Appeal of Denial. Order is appealable as of right under CPLR § 5701(a)(2).

9. Collateral Attack. A jurisdictionally void judgment may be challenged at any time and in any proceeding.

This is legal information, not legal advice.