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.

DeadlinePeriodCPLR ruleNotes
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.

Calculate the deadline from your date

Enter the date of defendant's default and how the paper was served. The result cites the rule and rolls weekends and NY court holidays forward.

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.

DeadlinePersonal deliveryBy 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?
365 calendar days after defendant's default, under CPLR 3215(c). Must apply within 1 year after default or the default is deemed abandoned. If the paper was served by mail, add 5 calendar days (CPLR 2103(b)(2)); by overnight courier, add 1 business day; by NYSCEF e-service, add 2 days (Uniform Rule 202.5-b(f)(2)). A deadline that lands on a weekend or New York court holiday rolls to the next business day.
What if the deadline falls on a weekend or holiday?
It rolls forward to the next business day under CPLR 2103(a) and General Construction Law §25-a. The calculator applies the roll automatically and flags the affected row.
Can the court extend this deadline?
Usually. CPLR 2004 lets a court extend most statutory deadlines on good cause shown, but an extension is discretionary and should never be assumed before it is granted. Individual part rules may also shorten the default period.

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.

Disclaimer: This tool is for informational purposes only and does not constitute legal advice. This site is not affiliated with the New York State Unified Court System. Verify all deadlines with the applicable CPLR provisions and consult qualified legal counsel.