A defendant seeking to vacate a default in answering or appearing pursuant to CPLR 5015(a)(1) must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action. The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court. Here, the Supreme Court providently exercised its discretion in determining that the defendant failed to demonstrate a reasonable excuse for his default in answering the complaint or appearing in the action. The conclusory and unsubstantiated claim that he was hampered by the restrictions imposed in response to the COVID-19 pandemic does not amount to a reasonable excuse. Further, he failed to establish a reasonable excuse for the lengthy delay in moving to vacate the judgment. Since the defendant failed to establish a reasonable excuse for the default, it is unnecessary to determine whether he demonstrated a potentially meritorious defense to the action.
Asian Holdings Corp. v. Schiff, NY Slip Op 04225 (2d Dep't July 23, 2025)
