Defendant's default
Triggering event: Defendant's default. Once this happens in a New York civil action, one deadline starts running under the CPLR. The rule is listed below with the governing section. Enter your date to get the exact due date, adjusted for the service method and rolled off weekends and New York court holidays.
| Deadline | Period | CPLR rule | Notes |
|---|---|---|---|
| Application for default judgment | 365 calendar days after the triggering event | CPLR 3215(c) ↗ Article 32 — Accelerated Judgment | Must apply within 1 year after default or the default is deemed abandoned. |
Worked example: defendant's default on Tuesday, September 15, 2026
If defendant's default happened today, here is when each deadline would fall depending on how the paper was served. Dates already account for the weekend and holiday roll.
| Deadline | Personal delivery | By mail (+5 days) | NYSCEF e-service (+2 days) |
|---|---|---|---|
| Application for default judgment | Wednesday, September 15, 2027 | Monday, September 20, 2027 | Friday, September 17, 2027 |
Application for default judgment
365 calendar days after defendant's default. Must apply within 1 year after default or the default is deemed abandoned. Governing rule: CPLR 3215(c) (Article 32, Accelerated Judgment).
How the service method changes the date
The period runs from service, and the method of service can extend it. Under CPLR 2103(b), mail adds 5 calendar days, overnight courier adds 1 business day, and NYSCEF e-service adds 2 days under Uniform Rule 202.5-b(f)(2). Personal delivery adds nothing. When the last day falls on a Saturday, Sunday, or New York public holiday, the deadline rolls to the next business day (CPLR 2103(a); General Construction Law §25-a).
Frequently asked questions
How long after defendant's default is the application for default judgment in New York?
What if the deadline falls on a weekend or holiday?
Can the court extend this deadline?
Other deadlines under Article 32 (Accelerated Judgment)
Browse every CPLR deadline by triggering event →
Individual part rules and the Uniform Civil Rules (22 N.Y.C.R.R. Part 202) often impose deadlines shorter than the CPLR default. Check the assigned judge’s part rules before relying on a statutory period.