In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:
" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
" the presence of material issues of fact;
" the presence of a meritorious defense to the claim;
" the significance of the interests at stake, including, but not limited to, the amount of money involved;
" whether the failure to answer was intentional or willful or the result of conscious indifference;
" whether party or counsel bears responsibility for default; and
" the availability of less drastic sanctions.
A New York Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure that allows a party to request the court to overturn a default judgment or entry of default that was issued against them due to an honest mistake, inadvertence, surprise, or excusable neglect. This motion is commonly used when a party fails to respond to a legal action or missed a court appearance, resulting in a default judgment being entered against them. The New York Civil Practice Law and Rules (CPR) outline the specific conditions under which a motion to vacate or set aside a default and default judgment can be filed. In order to be successful, the party making the motion must demonstrate one or more of the grounds mentioned above, along with a meritorious defense to the underlying claim. There are different types of situations that may warrant filing a motion to vacate or set aside a default and default judgment in New York: 1. Mistake: If the party can show that the default or default judgment occurred due to an honest mistake, such as miscommunication, misunderstanding, or confusion, they may have grounds to request relief. 2. Inadvertence: If the party can demonstrate that the default or default judgment was a result of unintentional actions or oversight, they may be able to have the judgment set aside. 3. Surprise: If the party can prove that they were caught off guard by the legal action, were unaware of the proceedings, or were not served the necessary documents in a timely and proper manner, they may be granted relief. 4. Excusable Neglect: If the party can show that their failure to respond or appear in court was due to a valid excuse or a reasonable cause, such as illness, emergencies, or unavoidable circumstances, the court may consider setting aside the entry of default or default judgment. It is important to note that the success of a motion to vacate or set aside a default and default judgment depends on various factors, including the specific circumstances of the case, the reasons for the default or default judgment, and the strength of the meritorious defense presented. It is advisable to consult with an experienced attorney familiar with New York civil procedure to assess the viability of such a motion and navigate the legal process effectively.A New York Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure that allows a party to request the court to overturn a default judgment or entry of default that was issued against them due to an honest mistake, inadvertence, surprise, or excusable neglect. This motion is commonly used when a party fails to respond to a legal action or missed a court appearance, resulting in a default judgment being entered against them. The New York Civil Practice Law and Rules (CPR) outline the specific conditions under which a motion to vacate or set aside a default and default judgment can be filed. In order to be successful, the party making the motion must demonstrate one or more of the grounds mentioned above, along with a meritorious defense to the underlying claim. There are different types of situations that may warrant filing a motion to vacate or set aside a default and default judgment in New York: 1. Mistake: If the party can show that the default or default judgment occurred due to an honest mistake, such as miscommunication, misunderstanding, or confusion, they may have grounds to request relief. 2. Inadvertence: If the party can demonstrate that the default or default judgment was a result of unintentional actions or oversight, they may be able to have the judgment set aside. 3. Surprise: If the party can prove that they were caught off guard by the legal action, were unaware of the proceedings, or were not served the necessary documents in a timely and proper manner, they may be granted relief. 4. Excusable Neglect: If the party can show that their failure to respond or appear in court was due to a valid excuse or a reasonable cause, such as illness, emergencies, or unavoidable circumstances, the court may consider setting aside the entry of default or default judgment. It is important to note that the success of a motion to vacate or set aside a default and default judgment depends on various factors, including the specific circumstances of the case, the reasons for the default or default judgment, and the strength of the meritorious defense presented. It is advisable to consult with an experienced attorney familiar with New York civil procedure to assess the viability of such a motion and navigate the legal process effectively.
