In order to vacate a default in appearing at a scheduled court conference, a party must demonstrate both a reasonable excuse for the default and a potentially meritorious defense or cause of action. Here, the defendant's excuse is law office failure, as her attorney neglected to note the adjourned conference date in his calendar. This is a reasonable excuse, particularly considering that the default was an isolated incident, the defendant promptly moved to vacate the order entered upon the default, and the plaintiffs were not prejudiced.
Advanced Remodeling of Long Is., Inc. v. Monahan, NY Slip Op 06579 (2d Dep't September 18, 2019)
Here is the decision.
