Motion To Set Aside Default Judgment (2 Pages)

Motion to Set Aside Default Judgment. Declaration of Attorney Supporting Motion Where a Default Judgment has been entered by the Plaintiff,  Defendant’s Motion to Set Aside said Judgment must show (1) a reasonable excuse for not timely appearing in the action and (2) a meritorious defense. These two requisites are usually presented in an Affidavit of Merits  made by the Defendant accompanied by a Memorandum of Law relating to the meritorious defense or defenses.
Under New York law,  the Motion must be made within one year from the time of knowledge  of the Default Judgment’s entry was gained or from the time of Notice of Entry of Judgment was formally given to the Defendant.
Generally, the courts are liberal in vacating defaults but sometimes conditioning a Vacatur or opening of the default on paying court costs, attorney’s fees or even posting a bond to secure payment of the judgment if later upheld.
Author:
Myron J. Meadow spent the major portion of his legal career as a Senior Litigator for the Law firm of Weil, Gotshal  & Manges in New York City. He handled civil and commercial litigation as well as appellate practice.  Although he is a graduate of New York University School of Law, he has on multiple occasions served as a Moot Court Judge at Columbia University School of Law, his wife, Claire’s alma mater. He is listed in Who’s Who in American Law 2nd edition.
He served as a part time instructor in the Paralegal program at Baruch College, City of New York teaching general litigation and procedure.  He has served as a volunteer Arbitrator for the American Arbitration Association and the Arbitration Council of the Textile Apparel Industry.  As a member of the Bar Association of the State of New York, Landlord Tenant Section of the Real Property Committee, he wrote several articles. He served on the Board of Directors of the Bronx County Bar Association and chaired its Legislation Committee for ten years. He was among the group of pro bono legal advisors to the New York Museum of Jewish Heritage: A Living Memorial to the Holocaust.
 As an undergraduate student at the College of the City of New York, he was President of the Government and Law Society. He also was the Captain of the City College golf team earning a Varsity Letter for Golf. He is a member of the U.S. Committee Sports for Israel where he was particularly involved with the Masters’ Golf Team and also with sponsorship of young athletes to the World Maccabiah Games in Israel.