Practice point: A defendant looking to vacate a default judgment must demonstrate a reasonable excuse and a potentially meritorious defense.
Students should note that defendant's excuse that the insurer disclaimed coverage and that she could not afford an attorney is insufficient as a matter of law.
Case: O'Donnell v. Frangakis, NY Slip Op 06622 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Ethics.
