In order to vacate a dismissal based upon being unprepared to proceed with trial, a plaintiff must demonstrate a reasonable excuse for the default and a potentially meritorious cause of action, pursuant to CPLR 5015[a][1] and 22 NYCRR 202.27[a]. Whether an excuse is reasonable is a determination within the sound discretion of the trial court. Here, the plaintiff had a reasonable excuse not to proceed to trial given his unrefuted assertion that he was not given timely notice of the scheduling and commencement of the trial by his former counsel, and that the plaintiff's concerns over notice had led to a breakdown of his relationship with his former counsel.
Crevecouer v. Mattam, NY Slip Op 03566 (2d Dep't May 8, 2019)
Here is the decision.
