Practice point: To vacate his default in opposing the
plaintiffs' motion for summary judgment on the complaint, a defendant is required
to demonstrate a reasonable excuse for the default and a potentially
meritorious opposition to the motion, pursuant to CPLR 5015[a][1].
Student note: While law office failure can be accepted as a
reasonable excuse in the exercise of a court's sound discretion, the movant
must submit supporting facts to explain and justify the default, and mere
neglect is not accepted as a reasonable excuse.
Case: Taylor
Appraisals v. Prokop, NY Slip Op. 07099 (2d Dept
2012).
Tomorrow’s issue: Collecting attorneys’ fees.
