§ 3215. Default judgment. (a) Default and entry. When a defendant has\nfailed to appear, plead or proceed to trial of an action reached and\ncalled for trial, or when the court orders a dismissal for any other\nneglect to proceed, the plaintiff may seek a default judgment against\nhim. If the plaintiff's claim is for a sum certain or for a sum which\ncan by computation be made certain, application may be made to the clerk\nwithin one year after the default. The clerk, upon submission of the\nrequisite proof, shall enter judgment for the amount demanded in the\ncomplaint or stated in the notice served pursuant to subdivision (b) of\nrule 305, plus costs and interest. Upon entering a judgment against less\nthan all defendants, the clerk shall also enter an order severing the\naction as to them. When a plaintiff has failed to proceed to trial of an\naction reached and called for trial, or when the court orders a\ndismissal for any other neglect to proceed, the defendant may make\napplication to the clerk within one year after the default and the\nclerk, upon submission of the requisite proof, shall enter judgment for\ncosts. Where the case is not one in which the clerk can enter judgment,\nthe plaintiff shall apply to the court for judgment.\n (b) Procedure before court. The court, with or without a jury, may\nmake an assessment or take an account or proof, or may direct a\nreference. The party entitled to judgment may be permitted to submit,\nin addition to the proof required by subdivision (f) of this section,\nproperly executed affidavits or affirmations as proof of damages,\nprovided that if the defaulting party gives reasonable notice that it\nwill appear at the inquest, the party seeking damages may submit any\nsuch proof by oral testimony of the witnesses in open court or, after\ngiving reasonable notice that it will do so, by written sworn statements\nof the witnesses, but shall make all such witnesses available for\ncross-examination. When a reference is directed, the court may direct\nthat the report be returned to it for further action or, except where\notherwise prescribed by law, that judgment be entered by the clerk in\naccordance with the report without any further application. Except in a\nmatrimonial action, no finding of fact in writing shall be necessary to\nthe entry of a judgment on default. The judgment shall not exceed in\namount or differ in type from that demanded in the complaint or stated\nin the notice served pursuant to subdivision (b) of rule 305 of this\nchapter.\n (c) Default not entered within one year. If the plaintiff fails to\ntake proceedings for the entry of judgment within one year after the\ndefault, the court shall not enter judgment but shall dismiss the\ncomplaint as abandoned, without costs, upon its own initiative or on\nmotion, unless sufficient cause is shown why the complaint should not be\ndismissed. A motion by the defendant under this subdivision does not\nconstitute an appearance in the action.\n (d) Multiple defendants. Whenever a defendant has answered and one or\nmore other defendants have failed to appear, plead, or proceed to trial\nof an action reached and called for trial, notwithstanding the\nprovisions of subdivision (c) of this section, upon application to the\ncourt within one year after the default of any such defendant, the court\nmay enter an ex parte order directing that proceedings for the entry of\na judgment or the making of an assessment, the taking of an account or\nproof, or the direction of a reference be conducted at the time of or\nfollowing the trial or other disposition of the action against the\ndefendant who has answered. Such order shall be served on the defaulting\ndefendant in such manner as shall be directed by the court.\n (e) Place of application to court. An application to the court under\nthis section may be made, except where otherwise prescribed by rules of\nthe chief administrator of the courts, by motion at any trial term in\nwhich th
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.