On April 15, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Congregation Khal Chasidei Skwera, Inc., 2026 NY Slip Op. 02297, holding that a motion to vacate, not a motion for reargument, is the proper way to challenge a decision made on default, explaining:
[A]s the order and judgment of foreclosure and sale granted the plaintiff’s unopposed motion, there was no opposition to the plaintiff’s motion for the defendant to renew or reargue.
The proper procedure to cure a default in opposing a motion is to move to vacate the default pursuant to CPLR 5015(a)(1), and to appeal that determination, if necessary. Since the defendant failed to move pursuant to CPLR 5015(a)(1) to vacate its default and otherwise failed to address its default in its motion, the Supreme Court properly denied the defendant’s motion.
(Internal quotations and citations omitted).