Practice point: A party seeking to vacate an order entered upon a default must demonstrate a reasonable excuse and a meritorious cause of action or defense.
Practitioners should note that the determination of what constitutes a reasonable excuse lies within the Supreme Court's discretion.
Case: Rivera v. Komor, NY Slip Op 00497 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Torts.
