To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. How To Vacate A Default ; 2.Order to Show Cause in a Civil Action. Unless a rule provides otherwise, a motion to vacate an invalid clerk's judgment should be made in the county where the action is venued (CPLR 3215(e)). Before submitting this form, you must request that the NYC Office of Administrative Trials and. To vacate a default judgment in New York, the defendant must make an application to the court that rendered the judgment. These are documents and forms relating to the areas in which they are located. Most documents and forms on this website are in Adobe Acrobat (. SPATT, District Judge. " But Robins' attorney did not file a motion to vacate Robins' default.