NY CPLR § 3215 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 32 - Accelerated Judgment 3215 - Default Judgment.

§  3215. Default judgment. (a) Default and entry. When a defendant has failed to appear, plead or proceed to trial of  an  action  reached  and called  for  trial,  or  when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a  default  judgment  against him.  If  the  plaintiff's claim is for a sum certain or for a sum which can by computation be made certain, application may be made to the clerk within one year after the default. The clerk,  upon  submission  of  the requisite  proof,  shall  enter  judgment for the amount demanded in the complaint or stated in the notice served pursuant to subdivision (b)  of rule 305, plus costs and interest. Upon entering a judgment against less than  all  defendants,  the clerk shall also enter an order severing the action as to them. When a plaintiff has failed to proceed to trial of an action reached and  called  for  trial,  or  when  the  court  orders  a dismissal  for  any  other  neglect  to  proceed, the defendant may make application to the clerk within one  year  after  the  default  and  the clerk,  upon submission of the requisite proof, shall enter judgment for costs. Where the case is not one in which the clerk can enter  judgment, the plaintiff shall apply to the court for judgment.  (b)  Procedure  before  court.  The court, with or without a jury, may make an assessment or  take  an  account  or  proof,  or  may  direct  a reference.    The party entitled to judgment may be permitted to submit, in addition to the proof required by subdivision (f)  of  this  section, properly  executed  affidavits  or  affirmations  as  proof  of damages, provided that if the defaulting party gives reasonable  notice  that  it will  appear  at  the  inquest, the party seeking damages may submit any such proof by oral testimony of the witnesses in open  court  or,  after giving reasonable notice that it will do so, by written sworn statements of  the  witnesses,  but  shall  make  all  such witnesses available for cross-examination. When a reference is directed, the  court  may  direct that  the  report  be returned to it for further action or, except where otherwise prescribed by law, that judgment be entered by  the  clerk  in accordance  with the report without any further application. Except in a matrimonial action, no finding of fact in writing shall be necessary  to the  entry  of  a  judgment on default. The judgment shall not exceed in amount or differ in type from that demanded in the complaint  or  stated in  the  notice  served  pursuant to subdivision (b) of rule 305 of this chapter.  (c) Default not entered within one year. If  the  plaintiff  fails  to take  proceedings  for  the  entry of judgment within one year after the default, the court shall  not  enter  judgment  but  shall  dismiss  the complaint  as  abandoned,  without  costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed. A motion by the defendant under  this  subdivision  does  not constitute an appearance in the action.  (d)  Multiple defendants. Whenever a defendant has answered and one or more other defendants have failed to appear, plead, or proceed to  trial of   an  action  reached  and  called  for  trial,  notwithstanding  the provisions of subdivision (c) of this section, upon application  to  the court within one year after the default of any such defendant, the court may  enter an ex parte order directing that proceedings for the entry of a judgment or the making of an assessment, the taking of an  account  or proof,  or  the  direction of a reference be conducted at the time of or following the trial or other  disposition  of  the  action  against  the defendant who has answered. Such order shall be served on the defaulting defendant in such manner as shall be directed by the court.  (e)  Place  of application to court. An application to the court under this section may be made, except where otherwise prescribed by rules  of the  chief  administrator  of the courts, by motion at any trial term in  which the action is triable or at any special term in which a motion  in the  action  could  be made. Any reference shall be had in the county in which the action is triable, unless the court orders otherwise.   * (f) Proof. On any application for judgment by default, the applicant shall  file  proof  of  service  of  the summons and the complaint, or a summons and notice served pursuant to subdivision (b)  of  rule  305  or subdivision  (a)  of  rule  316  of this chapter, and proof of the facts constituting the claim, the default and the amount due by affidavit made by the party, or where the state  of  New  York  is  the  plaintiff,  by affidavit  made  by  an attorney from the office of the attorney general who has or obtains knowledge of  such  facts  through  review  of  state records or otherwise. Where a verified complaint has been served, it may be  used  as  the  affidavit of the facts constituting the claim and the amount due; in such case, an affidavit as to the default shall  be  made by  the  party or the party's attorney. When jurisdiction is based on an attachment of property, the  affidavit  must  state  that  an  order  of attachment  granted in the action has been levied on the property of the defendant, describe the property and state its value. Proof  of  mailing the   notice   required  by  subdivision  (g)  of  this  section,  where applicable, shall also be filed.   * NB Effective until May 7, 2022   * (f) Proof. On any application for judgment by default, the applicant shall file proof of service of the  summons  and  the  complaint,  or  a summons  and  notice  served  pursuant to subdivision (b) of rule 305 or subdivision (a) of rule 316 of this chapter,  and  proof  of  the  facts constituting the claim, the default and the amount due by affidavit made by  the  party,  or  where  the  state  of New York is the plaintiff, by affidavit made by an attorney from the office of  the  attorney  general who  has  or  obtains  knowledge  of  such facts through review of state records or otherwise. Where a verified complaint has been served, it may be used as the affidavit of the facts constituting  the  claim  and  the amount  due;  in such case, an affidavit as to the default shall be made by the party or the party's attorney. In an  action  arising  out  of  a consumer  credit  transaction,  if  the  plaintiff  is  not the original creditor, the applicant shall include: (1) an affidavit by the  original creditor of the facts constituting the debt, the default in payment, the sale  or  assignment of the debt, and the amount due at the time of sale or assignment; (2) for each subsequent assignment or sale of the debt to another entity, an affidavit of sale of the debt  by  the  debt  seller, completed  by  the seller or assignor; and (3) an affidavit of a witness of the plaintiff, which includes a chain of title of the debt, completed by the plaintiff or plaintiff's witness. The chief administrative  judge shall  issue  form  affidavits  to  satisfy  the  requirements  of  this subdivision for consumer credit transactions. When jurisdiction is based on an attachment of property, the affidavit must state that an order  of attachment  granted in the action has been levied on the property of the defendant, describe the property and state its value. Proof  of  mailing the   notice   required  by  subdivision  (g)  of  this  section,  where applicable, shall also be filed.   * NB Effective May 7, 2022  (g) Notice. 1. Except as otherwise provided with respect  to  specific actions,  whenever application is made to the court or to the clerk, any defendant who has appeared is entitled to at least five days' notice  of the  time  and  place  of the application, and if more than one year has elapsed since the default any defendant who has not appeared is entitled to the same notice unless the court  orders  otherwise.  The  court  may dispense  with  the  requirement  of  notice  when  a  defendant who has  appeared has failed to proceed to trial of an action reached and  called for trial.   2.  Where  an  application for judgment must be made to the court, the defendant who has failed to appear may serve on  the  plaintiff  at  any time before the motion for judgment is heard a written demand for notice of  any  reference  or  assessment by a jury which may be granted on the motion. Such a demand does not constitute an appearance in  the  action. Thereupon  at  least  five  days'  notice  of  the time and place of the reference or assessment by a jury shall be given  to  the  defendant  by service  on  the  person  whose name is subscribed to the demand, in the manner prescribed for service of papers generally.   3. (i) When a default judgment  based  upon  nonappearance  is  sought against  a  natural  person  in  an  action  based  upon nonpayment of a contractual obligation an affidavit shall be submitted  that  additional notice  has  been given by or on behalf of the plaintiff at least twenty days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant at his place  of  residence  in  an envelope   bearing  the  legend  "personal  and  confidential"  and  not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt. In the event  such  mailing  is returned  as  undeliverable  by  the  post  office before the entry of a default judgment, or if the place  of  residence  of  the  defendant  is unknown,  a  copy of the summons shall then be mailed in the same manner to the defendant at the defendant's place of  employment  if  known;  if neither  the  place  of  residence  nor  the  place of employment of the defendant is known, then the mailing shall be to the  defendant  at  his last known residence.  (ii)  The additional notice may be mailed simultaneously with or after service of the  summons  on  the  defendant.  An  affidavit  of  mailing pursuant  to  this paragraph shall be executed by the person mailing the notice and shall be filed  with  the  judgment.  Where  there  has  been compliance  with  the  requirements  of  this  paragraph, failure of the defendant to receive the additional notice shall not preclude the  entry of default judgment.  (iii)  This  requirement  shall not apply to cases in the small claims part of any court, or to any summary proceeding to recover possession of real property, or to actions affecting title to  real  property,  except residential mortgage foreclosure actions.   4.  (i)  When  a  default judgment based upon non-appearance is sought against a domestic or authorized  foreign  corporation  which  has  been served  pursuant  to  paragraph  (b) of section three hundred six of the business corporation law,  an  affidavit  shall  be  submitted  that  an additional service of the summons by first class mail has been made upon the defendant corporation at its last known address at least twenty days before the entry of judgment.  (ii)  The  additional  service  of  the  summons  by  mail may be made simultaneously with or after the service of the summons on the defendant corporation pursuant to paragraph (b) of section three  hundred  six  of the  business  corporation  law, and shall be accompanied by a notice to the corporation that service is being made or has been made pursuant  to that provision. An affidavit of mailing pursuant to this paragraph shall be  executed  by  the person mailing the summons and shall be filed with the judgment. Where there has been compliance with the  requirements  of this  paragraph,  failure  of  the  defendant corporation to receive the additional service of summons and notice provided for by this  paragraph shall not preclude the entry of default judgment.  (iii)  This  requirement  shall not apply to cases in the small claims part or  commercial  claims  part  of  any  court,  or  to  any  summary  proceeding  to  recover  possession  of  real  property,  or  to actions affecting title to real property.  (h)  Judgment  for  excess where counterclaim interposed. In an action upon a contract where the complaint demands judgment for a sum of  money only,  if  the  answer does not deny the plaintiff's claim but sets up a counterclaim demanding an amount less than the  plaintiff's  claim,  the plaintiff  upon  filing  with the clerk an admission of the counterclaim may take judgment for the excess as upon a default.  (i) Default  judgment  for  failure  to  comply  with  stipulation  of settlement.  1. Where, after commencement of an action, a stipulation of settlement is made, providing, in the event of failure  to  comply  with the  stipulation,  for  entry  without further notice of a judgment in a specified amount with interest, if any, from a date certain,  the  clerk shall  enter  judgment  on  the  stipulation  and an affidavit as to the failure to comply with the terms thereof, together with a complaint or a concise statement of the facts on which the claim was based.   2. Where, after commencement of an action, a stipulation of settlement is made,  providing,  in  the  event  of  failure  to  comply  with  the stipulation,  for  entry without further notice of a judgment dismissing the action, the clerk shall enter judgment on  the  stipulation  and  an affidavit  as  to the failure to comply with the terms thereof, together with the pleadings or a concise statement of  the  facts  on  which  the claim and the defense were based.   * (j)  Affidavit.  A  request  for  a  default judgment entered by the clerk,  must  be  accompanied  by  an  affidavit  by  the  plaintiff  or plaintiff's  attorney  stating  that after reasonable inquiry, he or she has reason to believe that the statute of limitations has  not  expired. The  chief  administrative  judge shall issue form affidavits to satisfy the requirements of this subdivision for consumer credit transactions.   * NB Effective May 7, 2022