Pllaintiff established a reasonable excuse for the default through counsel's detailed and credible explanation as to why the office was unaware of the scheduled court appearance. This was sufficient to show that any law office failure was inadvertent, pursuant to CPLR 5015[a][1]. Although counsel improperly commenced a second action asserting the amended claims, rather than moving immediately to vacate the default in this action, there is no evidence of dilatory behavior or an intent to abandon the action to warrant denial of the vacatur motion.
Amondi v. Promise Home Care Agency, Inc., NY Slip Op 03754 (1st Dep't June 16, 2026)
