A party seeking to vacate a default for failing to oppose a motion must demonstrate a reasonable excuse and a potentially meritorious opposition to the motion. The determination of what constitutes a reasonable excuse is within the sound discretion of the motion court, and will not be disturbed if there is support in the record. In making its determination, the court should consider factors such as the extent of the delay, prejudice or lack of prejudice to the opposing party, whether there has been willfulness, and the strong public policy in favor of resolving cases on the merits.
Arroyo v. Starrett City, Inc., NY Slip Op 02050 (2d Dep't March 20, 2019)
Here is the decision.
