Obtaining a Default Judgment in New York State Court

by Practical Law Litigation

A Practice Note outlining the procedures to obtain a default judgment in New York State Court under Civil Practice Law and Rules (CPLR) 3215. This Note discusses the grounds for a default judgment, including a defendant's failure to appear, a party's default during litigation, or a default on a settlement agreement. It details the two main procedural paths for a plaintiff: making an application before the clerk for claims involving a sum certain, or filing a motion before the court, which may require an inquest to determine damages. This Note also explains the necessary papers and proof required to obtain a default judgment, including specific notice requirements under CPLR 3215(g). For parties facing default, it addresses how to oppose a default judgment motion by demonstrating a reasonable excuse and sometimes a potentially meritorious defense. Furthermore, this Note covers the waiver of the right to seek a default, post-judgment procedures, and important appellate issues.