Upon an application satisfying the requirements of subdivision (d) of section 3012 or subdivision (a) of rule 5015, the court shall not, as a matter of law, be precluded from exercising its discretion in the interests of justice to excuse delay or default resulting from law office failure.
§ 2005.Excusable delay or default.
Article 20. Mistakes, Defects, Irregularities and Extensions of Time · Last amended 1983 · Last verified July 21, 2026
In one sentenceCPLR 2005 confirms that a court is not barred, as a matter of law, from using its discretion to excuse a delay or default caused by law office failure, when the request meets the requirements of CPLR 3012 or 5015.
Full Text of CPLR 2005
Plain-English Summary
Lawyers make mistakes -- missed deadlines, docketing errors, papers that never got filed -- and CPLR 2005 makes sure a client doesn't automatically lose a case because of one. The section addresses law office failure directly: when a party's delay or default resulted from that kind of mistake, a court is not precluded, as a matter of law, from excusing it in the interest of justice.
The relief runs through two specific gateways. A party asking to extend a deadline to answer or appear because of law office failure proceeds under CPLR 3012(d); a party asking to vacate a default judgment already entered proceeds under CPLR 5015(a). CPLR 2005 doesn't create a new motion of its own -- it removes any argument that law office failure can never, as a matter of law, count as a valid excuse under those other sections, leaving the actual decision to the court's discretion on the facts of the case.
Frequently Asked Questions
Can a lawyer's mistake excuse a missed deadline in New York?
Yes. CPLR 2005 confirms that a court has discretion to excuse a delay or default caused by law office failure, though the decision rests with the judge on the facts presented.
What is law office failure under CPLR 2005?
The statute doesn't define the phrase in detail, but it covers mistakes originating in an attorney's office -- missed deadlines, filing errors, docketing failures -- rather than a client's own neglect.
How do you ask a New York court to excuse a delay caused by an attorney's mistake?
Does CPLR 2005 guarantee that a court will excuse law office failure?
No. It only confirms that the court is not barred as a matter of law from excusing it; whether to grant relief remains within the court's discretion.
Does CPLR 2005 create a new way to ask for relief from a default?
Amendment History
Add, L 1983, ch 318, § 1, eff June 21, 1983.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: law office failure New Yorkexcuse default law office failurevacating default judgment attorney mistake New YorkCPLR 2005 excusable delay