What procedure is used to set aside a previously entered default judgment?

• A. Motion for Relief from Judgment
• B. Motion to Vacate Default
• C. Appeal
• D. Reconsideration

Answer: (B)

Setting aside a default judgment is done by filing a motion to vacate the default. This is the direct way to reopen a case after a default has been entered so the defendant can respond and proceed on the merits. In New York practice, the movant must typically show a reasonable excuse for the default and a meritorious defense, and the court has discretion to grant relief in the interest of justice, provided the motion is made in a timely manner.

An appeal comes after the judgment and challenges the decision on its merits, but it does not automatically reopen the case or undo the default. A reconsideration is a separate post-judgment tool used to revisit the court’s ruling, not the primary method for undoing a default. Relief from judgment is a broader concept that can cover various grounds, but the standard and most straightforward pathway to specifically undo a default judgment is a motion to vacate the default.