Practice point: To vacate their default in opposing the defendant's motion to dismiss
this action based upon the plaintiffs' failure to serve a complaint
pursuant to CPLR 3012(b), the plaintiffs were required to demonstrate
both a reasonable excuse for the default and a potentially meritorious
cause of action (see CPLR 5015[a][1]. The motion must be made within one year after service of a copy of
the judgment or order with written notice of its entry upon the moving
party.
Student note: Expert opinion evidence is required to demonstrate merit with respect to matters not within the ordinary experience of laypersons.
Case: Bistre v. Rongrant Assoc., NY Slip Op 05788 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Setting aside a jury verdict.
