Civil Court of the City of New York
[PLEASE PRESS HARD]
Index No. AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE To Vacate a Judgment and to Restore to the Calendar Address:
State of New York, County of
being duly sworn, deposes and says:
1. PARTY 2. SERVICE
Defendant's Initials a) I am the party named as defendant in the above entitled action. a) I have been served with a summons and complaint in this action [NOTE: If Small Claims skip #3, go to #4.] b) I have not been served, and my first notice of legal action was [NOTE: If you complete any of #2b, skip #3, #4 & #5, go to #6]. a notice of Default Judgment mailed to me. a Restraining Notice on my bank account. a copy of an Income Execution served on . Other: . a) I did not appear and answer in the Clerk's Office because: [NOTE: If you complete #3a, skip to #6.] b) I did appear and answer in the Clerk's Office and I received a date for trial. but the answer was entered late. Other: On the Date of Trial before Judge/Arbitrator a stipulation (a written agreement) was made between claimant/plaintiff and defendant. a judgment was entered after the trial. a judgment was entered against me by default for my failure to appear. Other: My reason for not complying with the stipulation is following the order of the Court is appearing in court on the date scheduled for trial is Other: I allege that I have a good defense because:
a) I have not had a previous Order to Show Cause regarding this index number. b) I have had a previous Order to Show Cause regarding this index number but I am making this further application because
I request that the Judgment be vacated, that the case be restored to the calendar, and permission to serve these papers in person.
Sworn to before me this
(Signature of Defendant)
(Signature of Court Employee and Title) CIV-GP-17 (Revised 11/02) FREE CIVIL COURT FORM No fee may be charged to fill in this form. Form can be found at: http://www.nycourts.gov/courts/nyc/civil/forms.shtml.