Practice point: A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action, pursuant to CPLR 5015[a][1]. While the defendants may have proffered a reasonable excuse for the initial two-month delay in retaining their current attorney, the subsequently retained attorney failed to proffer a reasonable excuse for the further four-month delay in moving to vacate the default and for leave to serve a late answer, pursuant to CPLR 2214.
Student note: Although the Supreme Court has the discretion to accept law office failure as a reasonable excuse, see CPLR 2005, the excuse must be supported by detailed allegations of fact explaining the failure.
Case: CEO Bus. Brokers, Inc. v. Alqabili, NY Slip Op 02708 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A fall from a scaffold.
