Practice point: To vacate a default, defendant must demonstrate a reasonable excuse and a potentially meritorious defense, pursuant to CPLR 5015[a][1].
Students should note that it is a reasonable excuse if defendant had a good faith belief that its interests were being protected by the insurer that had defended in a related matter.
Case: Gerdes v. Canales, NY Slip Op 05358 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Family Law.
