The movant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear. In opposition, the defendant must demonstrate a reasonable excuse for the delay and a potentially meritorious defense to the action. The determination of what constitutes a reasonable excuse lies within the sound discretion of the Supreme Court. Similarly, to extend the time to answer the complaint and to compel the plaintiff to accept an untimely answer as timely, a defendant must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense, pursuant to CPLR 3012[d).
Aurora Loan Servs., LLC v. Movtady, NY Slip Op 07085 (2d Dep't October 24, 2018)
Here is the decision.
