Practice point: The Appellate Division determined that the plaintiff's bare allegation of law office failure was insufficient to show a reasonable excuse for its default.
Student note: A party seeking to vacate an order entered upon its failure to oppose a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a][1].
Case: Bank of N.Y. v. Young, NY Slip Op 09090 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Misplacing the summons and a motion to vacate.
