...); Greenberg v. Owens, 31 N.J. 402, 405 (1960); see 6 Moore's Federal Practice ¶ 60.27[2] (2d ed. 1982). R. 4:50-1 ...other reason justifying relief from the operation of judgment or order." We disagree. RULE 4:50. RELIEF FROM JUDGMENT OR ORDER. 4:50-.... R. 4:50-1(a) Although it is not entirely clear which part of subsection (a) defendants are rely...

...truth-in-lending law. Seeking relief from a default judgment entered in a foreclosure case, defendants Maryse and Emilio Guillaume attempt to demonstrate excusable neglect and the existence of a meritorious defense, Rule .... In a per curiam opinion, an Appellate Division panel affirmed, holding that the Guillaumes had failed to demonstrate excusable neglect or a meritorious defense as required by Rule 4:50–.... We now affirm, as modified, the Appellate Division's judgment. We concur with the Appellate Division panel that the Guillaumes have failed to demonstrate excusable neglect or a meritorious defense, and that they...

...vacated. On the application to reopen the judgment pursuant to R. 4:50-1(a) and (f), the trial judge found that defendant's failure to respond to the foreclosure action was the result of excusable ...from her own home. On the record before us we conclude that the trial judge did not exceed his discretion in reopening the judgment based on excusable neglect. R. 4:50-1(a); see Crane v. Bielski,...grounds enumerated in R. 4:50-1. While the three-month limit would ordinarily govern a motion to vacate a foreclosure judgment based on a tax sale for reasons other than fraud or lack of...

...to the Special Civil Part by Rule 6:6-1. Rule 4:50-1 provides in part: On motion, with briefs, and upon such terms as...Rule 4:50-1 on which it relied, the record includes facts that invite consideration of the grounds for relief set forth in Rule 4:50-1(e) and (f). Moreover, we gain insight concernin...within twenty-four hours after entry of judgment and moved to vacate the judgment pursuant to Rule 4:50-1. The trial court denied the motion, but the Appellate Division reversed, holding that the trial court had erre...

...; and, pursuant to R. 2:4-1(a), an appeal may be taken within 45 days. Further, R. 4:50, provides one last chance for obtaining relief from such a final order by reason of excusable .... 4:50-1(a), within one year. R. 4:50-2. Because a case such as this does not embody "any other reason justifying relief from the operation of the . . . order", R. 4:50-...failure to respond on four different occasions in the distant past. The motion was opposed by defendants. After a responding affidavit from plaintiffs' attorneys was filed, urging "excusable neglect...

...the default judgment under R. 4:50-1(a) and (f). The Law Division judge denied the motion on the grounds that the service of process was valid and there was neither excusable neglect nor any..., 555 A.2d 1165 (App.Div. 1989)). Defendants claimed they were entitled to relief from the judgment because of excusable neglect, R. 4:...), or, in the alternative, because the circumstances were exceptional, R. 4:50-1(f). The judge properly rejected the claim of excusable neglect under subsection (a...

...made was "excusable neglect." See R. 4:50-1(a). The motion was supported by a certification signed by Araujo in which he essentially contended that the debt had been paid. The certification...have exercised the broad discretion afforded by the provisions of R. 4:50-1(f) to vacate the judgment; and 4) plaintiff's failure to file a certification addressing the merits of the underlying...1199 (App.Div. 1992). Defendant's attempt to relitigate the same issue under R. 4:50-1 by simply raising different arguments arising out of the same facts would ordinarily be precluded on...

...which a party may seek to vacate a default judgment pursuant to Rule 4:50–1. The grounds are: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered...plaintiff's standing to file the foreclosure complaint long before the end of the litigation. Id. at 220–21, 27 A.3d 1229. Rule 4:50–1 governs an...(quoting R. 4:50–1).] Motions made under any Rule 4:50–1 subsection “must be filed within a reasonable time.” See ...

...Act], never mentions excusable neglect nor provides any other basis under [ Rule] 4:50-1 that would warrant the court granting the relief defendant seeks...result, the focus is on defendant's second motion. In examining the second motion, we are satisfied that defendant provided facts sufficient to meet the excusable neglect standard set forth in Rule ...for the vacating of the judgment. The real question to be examined is whether there is any prohibition on a defendant's filing of a second motion for relief pursuant to Rule 4:50 following the...

.... We reject defendant's argument that the judgment should be vacated pursuant to Rule 4:50-1(a), "mistake, inadvertence, surprise, or ...Indus., L.P., 149 N.J. 620, 643 (1997). In any event, a motion pursuant to Rule 4:50-1(a) was untimely. See R. 4:50..., plaintiff had standing to file the foreclosure complaint. In addition, "[a] Rule 4:50-1(d) motion, based on a claim that the judgment is void, does not require a showing of excusable ...

...vacate the entry of final judgment of foreclosure under Rule 4:50–1(a) and (d). Rule 4:50–1 provides, in pertinent part, that “[o]n motion, with briefs and upon such terms as are jus...)). Service by mail was authorized by our Court Rules and did not offend due process. Therefore, the judgment was not void under Rule 4:50–1(d). IV. ...Rule 4:50–1(a) for failing to challenge plaintiff's complaint. “[A] defendant seeking to reopen a default judgment [because of excusable neglect] must...

...judge analyzed plaintiff's motion under Rule 4:50-1(a) because plaintiff failed to allege fraud under Rule 4:50-1(c) or any other grounds for vacating a judgment. Plaintiff alleged ...(2007)). To obtain relief under Rule 4:50-1(a), the moving party must demonstrate both excusable neglect and a meritorious defense. Dynasty Bldg. Corp. v. Ackerman, 376 N.J. Super...Rule 4:50-1(a) "because he mistakenly believed [defendant's] summary judgment would be withdrawn because there was a pending motion to extend discovery." The judge explained the court's computer...

...excusable-neglect provision in Rule 4:50–1(a), the essence of the motion was that plaintiff had proceeded improperly in seeking default...pursuant to the excusable-neglect provision in Rule 4:50–1(a). In short, the judge was required but failed to liberally indulge defendant's assertions “to the end that a just result is reached.... On May 14, 2012, shortly after plaintiff sought discovery of defendant's assets, defendant moved for relief pursuant to Rule 4:50–1. The trial judge denied this motion for...

...Rule 4:50-1(a). As Judge Hansbury noted, a motion to vacate on the basis of "mistake, inadvertence, surprise, or excusable neglect" under Rule 4:50-...therefore concluded that defendant failed to demonstrate excusable neglect under Rule 4:50-1(a). The judge explained: This [c]ourt has already considered [d...determination under [Rule 4:50-1] warrants substantial deference," and the abuse of discretion must be clear to warrant reversal. Id. at 467...

..., plaintiffs moved, under R. 4:50-1(a) and (f), for reconsideration of the order, and argued that their failure to appear amounted to excusable ...error in diarying the hearing date. The trial court denied plaintiffs' motion for reconsideration on the ground that their explanation did not amount to excusable neglect or exceptional circumstances within the meaning of R. ...August 23 amounted to excusable neglect pursuant to R. 4:50-1(a), since it was "attributable to honest mistake, accident, or any cause not incompatible with proper diligence...

...court erred in vacating the default judgment under Rule 4:50-1(a) based upon excusable neglect and Rule 4:50-1(f) exceptional circumstances. Plaintiff further asser...conclude that the trial court's order vacating the default judgment of foreclosure was not an abuse of discretion. Rule 4:50-1(a) allows for relief from a judgment where there is "mistake, inadvertence, surprise, or ...defendant pay the outstanding balance. Ibid. On appeal, we affirmed and determined the trial court did not abuse its discretion in finding excusable neglect under these circumstances pursuant to Rule 4:...

...on appeal. He claims the judge erred for failing to find: (1) the late filing of the motion for reinstatement was the product of "excusable neglect" under Rule 4:50-1(a); (2) the late filin...argument there were grounds under Rule 4:50-1(a), specifically excusable neglect, to overcome the one-year requirement for filing a motion for reinstatement. Petitioner had argued there was...claim petition. We find no merit in the claim that the late filing of the motion to restore was attributable to excusable neglect under Rule ...

...submitted any legally competent evidence to support a claim of excusable neglect. See R. 4:50-1(a). Counsel asserted that defendant "just believed that he would be able to work this out...denying his motion because, even if his proof of excusable neglect was "weak," he had a meritorious defense to the foreclosure action. See R. 4:50-1(a). However, defendant presented...bank's alleged lack of standing is, therefore, not a basis to vacate a foreclosure judgment under Rule 4:50-1(d). Further. plaintiff...

...both with the equitable principles underlying the court rule and with the rule's substantive and procedural qualifications. R. 4:50-1(a) permits relief from judgment on the ground of mistake, inadvertence, surprise, .... 4:50-1(f) permits relief from judgment for "any other reason justifying relief from the operation of the judgment or order." An application pursuant...different litigation to have been incorrect. In short, its position is that Poswiatowski merely constituted a change in the substantive law beyond the remedial reach of R. 4:50-1(f...