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Articles Posted in Defaults

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Do You Need A Reasonable Excuse In Order To Vacate A Default Judgement In New York? Not Always

Vacating a default judgement in New York, as we have previously discussed, is not always easy. Often it is up to the discretion of the trial court. There are certain times, however, when the defaulting party may not need a reasonable excuse for failing to appear, as long as it…

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ANSWER: VACATING A DEFAULT JUDGEMENT IN NEW YORK. QUESTION: WHAT’S EASIER SAID THAN DONE?

It is not always easy to obtain a default judgement in New York. It is harder, still, to vacate one, especially when the defaulting party has a history of missing deadlines or otherwise not doing what the court wants. A recent case from the Third Department, Wood v. Tuttle, 106…

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