March 26, 2018

Vacating a default in opposing a motion.

In order to vacate a default in opposing a motion pursuant to CPLR 5015(a)(1), the moving party is required to demonstrate a reasonable excuse for the default and a potentially meritorious opposition to the motion.  The motion to vacate must be made within one year after the movant has been served a copy of the judgment or order with written notice of entry.

Chase Home Fin., LLC v. Weinfeld, NY Slip Op 01899 (2d Dep't March 21, 2018)

Here is the decision.