Motion to Vacate an Order or Judgment Entered on Default in New York State Supreme Court | Practical Law

Motion to Vacate an Order or Judgment Entered on Default in New York State Supreme Court | Practical Law

A Practice Note discussing motions to vacate default orders and judgments under Civil Practice Law and Rules (CPLR) 317 and 5015(a)(1). This Note compares the procedure under each statute and, for each statute, addresses who can make the motion, when the motion must be made, the grounds for the motion, where to make each type of motion, and the papers necessary to support the motion. This Note also discusses when the parties may stipulate to vacate a default judgment.

Motion to Vacate an Order or Judgment Entered on Default in New York State Supreme Court

by Practical Law Litigation
MaintainedNew York
A Practice Note discussing motions to vacate default orders and judgments under Civil Practice Law and Rules (CPLR) 317 and 5015(a)(1). This Note compares the procedure under each statute and, for each statute, addresses who can make the motion, when the motion must be made, the grounds for the motion, where to make each type of motion, and the papers necessary to support the motion. This Note also discusses when the parties may stipulate to vacate a default judgment.