New York State law provides that when a judgment or order has been issued against a party "on default" -- meaning that the adversely impacted litigant failed to appear in opposition to the relief requested by the opponent -- a court is empowered to relieve the defaulter of the consequences of its excusable nonappearance provided that the request "is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party." [CPLR 5015(a)(1)].
According to appellate precedent, until a copy of that order or judgment is served, that one-year limitation is never triggered and a party is free seek to have its default vacated at any point in time.
In Capital One Bank v. Roman , Capital One Bank (COB) entered a default judgment against the Romans. Since it was unclear whether the Romans had been served with a copy of the judgment in question, the Appellate Term, First Department, excused the Romans' default and allowed them to raise whatever defenses or counterclaims they had to COB's case against them.
Think Capital One had a cob on over that outcome?
For a copy of the Appellate Term's decision, please use this link: Capital One Bank v. Roman