Vacating a default.

Practice point: To prevail on a motion to vacate a default, a party is required to demonstrate both a reasonable excuse for its default and a potentially meritorious defense

Student note: The trial court has the discretion to accept law office failure as a reasonable excuse.

Case: Adolph H. Schreiber Hebrew Academy of Rockland, Inc. v Needleman, NY Slip Op 09250 (2d Dept. 2011).

Here is the decision.

Tomorrow’s issue: Attorney’s fees.