January 16, 2026

Failure to oppose a motion

A party seeking to vacate an order entered upon a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. The court may accept a detailed and credible explanation of law office failure as a reasonable excuse in support of the motion to vacate.

Ackerson Bldrs., LLC v. Corbett, NY Slip Op 00111 (2d Dep't January 14, 2026)

Here is the decision.