Practice point: To vacate an order entered upon failure to appear at a hearing to determine the validity of service, the movant must demonstrate both a reasonable excuse for the default and a potentially meritorious position at the hearing. The determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the Supreme Court.
Student note: Although a court has the discretion to accept law office failure as a reasonable excuse, pursuant to CPLR 2005, a conclusory, undetailed, and uncorroborated claim of law office failure does not amount to a reasonable excuse.
Case:
Eastern Sav. Bank, FSB v. Charles, NY Slip Op 00892 (2d
Dept. 2013).
Here is the decision.
Tomorrow’s issue: Replevin, and orders of seizure.
