Practice point:
In order to vacate the default in
answering the complaint, the defendant is required to demonstrate a reasonable
excuse for the failure to serve an answer and a potentially meritorious defense,
pursuant to CPLR 5015[a].
Student note: While the Supreme Court has the discretion to
accept law office failure as a reasonable excuse, the excuse must be supported
by detailed allegations of fact explaining the failure.
Case: HSBC Bank USA v. Wider, NY
Slip Op 08285 (2d Dept. 2012).
Here is the decision
Tomorrow’s issue: Workers’
Compensation Law.
