Legal Question in Personal Injury in New York

A civil action is pending before US District Court, Western new York. Clerk's entry of default was entered. The defendant filed a motion to set aside default. District Judge Arcara granted the defendant's motion despite failing to show a sufficient good cause. It's not Judge Arcara's only prejudicial ruling. My case was stained by Judge Arcara's outrageous ruling beyond the law and rules. I want to appeal the order setting aside the default. Can I appeal the order setting aside the default? Is it appealable? Thank you.

Asked on 2/01/10, 8:36 pm

1 Answer from Attorneys

Michael E. Zuller Zuller Law Offices

Setting aside a default is generally considered discretionary, and often done for good cause shown. As a rule, judges (and attorneys) like cases tried on the merits, and not decided on procedural slip-ups. That said, there are rules of procedure which should be followed. Circumstances are important in evaluating the reason for a default, and whether it should be vacated in the interests of fairness. Appeals of discretionary rulings are difficult to win. Best, M. E. Zuller

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Answered on 2/07/10, 2:18 pm

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