Motion to vacate a judgment or order for excusable default
A motion to vacate for excusable default under CPLR 5015(a)(1) must be made within 1 year after the moving party is served with the judgment or order and written notice of its entry. Enter that service date.
- CPLR 5015(a)(1)
- CPLR 2103(b)
- Gen. Constr. Law 25-a
Find your motion deadline
Default judgments and orders in New York courts.
If you entered the judgment yourself, use the entry date and choose that option.
Holidays and court closures
New York public holidays under General Construction Law 24 are always skipped, including Lincoln's Birthday and Election Day.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Find the start date. It is the date the moving party was served with a copy of the judgment or order and written notice of entry. If the moving party entered it, it is the entry date.
- Add 1 year.
- Add time for mail service. CPLR 2103(b)(2) adds 5 days when service was by mail, and overnight delivery adds 1 day.
- Move past closed days. Under General Construction Law 25-a, a period ending on a Saturday, Sunday or public holiday runs to the next business day.
Worked examples
| Example | Start date | Deadline |
|---|---|---|
| Served by mail | Tue, Nov 4, 2025 | Mon, Nov 9, 2026 |
| Served personally | Mon, Oct 13, 2025 | Tue, Oct 13, 2026 |
What the motion needs
Courts generally require a reasonable excuse for the default and a potentially meritorious defense. If no notice of entry was ever served, the 1-year period has not started, though delay can still count against the motion. Other grounds in CPLR 5015(a), such as lack of jurisdiction, have no fixed time limit, but must be raised within a reasonable time.
Common questions
How long do I have to vacate a default in New York?
1 year after service of the judgment or order with written notice of entry, under CPLR 5015(a)(1).
Does mail service add time?
Yes. CPLR 2103(b)(2) adds 5 days when the notice of entry was served by mail.
What if I was never served with notice of entry?
The 1-year clock does not start until service with notice of entry, but courts can still consider unreasonable delay.
Sources
- CPLR 5015
- CPLR 2103(b)
- New York General Construction Law, sections 24 and 25-a
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.