Acceptance of a motion generally is within a trial court's sound discretion, and the court may refuse to hear a motion which is repetitive or is made for an improper purpose such as harassment, unnecessary delay, or needless increase in the cost of litigation.
New York Motion For Default Judgment
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How to fill out New York Motion To Reconsider Judgment?
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New York CPLR 3212 governs motions for summary judgment in New York state courts. Under CPLR 3212, a party may move for summary judgment in any action after "issue has been joined," which means after an answer has been filed.
(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.
The defendant must apply to the clerk for a default judgment within one year of the plaintiff's default (CPLR 3215(a)). An application for a default judgment before the clerk must be made in the county where the action is venued.
New York CPLR 3212 governs motions for summary judgment in New York state courts. Under CPLR 3212, a party may move for summary judgment in any action after "issue has been joined," which means after an answer has been filed.
You can tell the clerk that you want to file an order to show cause (?OSC?). On the OSC form you can tell the court why they should vacate this judgment based on either excusable default, lack of personal jurisdiction, or both. The OSC should include 1) a reasonable excuse and 2) a good defense.