January 21, 2019

CPLR 5015 and vacating a default on the motion.

Pursuant to CPLR 5015(a)(1), the movant must demonstrate a reasonable excuse for the default and a potentially meritorious opposition to the motion.

Practice point:  The vague and unsubstantiated claim of law office failure is insufficient to establish a reasonable excuse for the default.

Bank of N.Y. Mellon v. Rici, NY Slip Op 00252 (2d Dep't January 16, 2019)

Here is the decision.