Notice of motion to vacate judgment form ny 2025

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The document is a Motion to Vacate Default Judgment form for the TLC (Taxi and Limousine Commission) in New York. It outlines the process for respondents to request the cancellation of a default judgment due to missed hearings, including necessary steps, requirements for submission, and consequences of denial. The form emphasizes the need for a compelling reason for non-appearance and a valid defense against the charges.

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What is a CPLR 3215 motion for default Judgement?

The motion for a default judgment cannot exceed the amount or differ in the type of relief demanded in the complaint or summons with notice (CPLR 3215(b)). The defendant can appear at the inquest and offer testimony and evidence and cross-examine the plaintiffs witnesses (Reynolds Sec., Inc., 406 N.Y.S.

How do I vacate a judgement in NY?

Vacating a Default Judgment in New York A Defendant can seek to vacate a judgment by bringing a Motion or an Order To Show Cause. If your bank account is frozen, or you received a notice of wage garnishment, bringing an Order to Show Cause can be advantageous because you can request a stay on all executions.

How long do you have to vacate a default Judgement in NY?

If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.

What is CPLR 5015 motion to vacate?

ing to CPLR 5015 (a) a court which rendered a judgment may relieve a party from it in the interests of justice. A court may, thus, reverse its judgment where, for example, there was an excusable default or where evidence, discovered after a trial, makes the result of that trial unjust.

What happens after a default judgement is issued in NY?

The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendants credit report, and it can be there for up to seven years if it is not paid.

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How long do you have to vacate a default Judgement in CPLR?

Under CPLR 317, you must move to vacate the judgment within one year of obtaining knowledge of the entry of the judgment. Be specific about why you did not receive knowledge of the judgment until later. For example, did you move? Were you traveling?

What happens in a motion to vacate?

An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.

Notice of motion to vacate judgment form ny 2025

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