Practice point: In order to obtain relief from a judgment or order based on an excusable default, pursuant to CPLR § 5015(a)(1), a movant must offer a reasonable excuse for failing to appear and must demonstrate that the case or defense has merit.
Practitioners should note that the assessment of the sufficiency of the proffered excuse and the adequacy of merit rests with the sound discretion of the court.
Case: Carroll v. Nostra Realty Corp., NY Slip Op 07041 (1st Dept. 2008)
The opinion is here.
