Practice point: A party asserting law office failure must provide a detailed and credible explanation of the default. Conclusory and unsubstantiated allegations of law office failure are not sufficient.
Student note: Pursuant to CPLR 5015(a), in order to vacate its default in appearing at a call of the compliance
conference calendar, the plaintiff had to demonstrate both a
reasonable excuse for the default and a potentially meritorious cause of
action.
Case: 555 Prospect Assoc., LLC v. Greenwich Design & Dev. Group Corp., NY Slip Op 07423 (2d Dep't October 24, 2017)
Here is the decision.
