A party seeking to vacate a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. Determining what constitutes a reasonable excuse lies within the sound discretion of the trial court. In making such a determination, the court may excuse delay or default resulting from law office failure. However, mere neglect is not a reasonable excuse.
Tulloch v. Barka, NY Slip Op 03330 (2d Dep't May 27, 2026)
