The Appellate Division unanimously affirmed the Order which denied the motion to vacate and to compel plaintiff to accept defendant's answer, finding that defendant failed to proffer a reasonable excuse for the default, pursuant to CPLR 5015[a][1]. A party seeking to vacate a default judgment must demonstrate a reasonable excuse for the default and a meritorious defense. Absent a reasonable excuse, vacatur is not appropriate regardless of whether defendant has a meritorious defense. Defendant's excuse that her attorney failed to file a timely answer on her behalf does not constitute a reasonable excuse because she failed to set forth any details or evidence in support of her allegation, including who her former attorney was, when she retained that attorney, or why that attorney failed to file an answer. As defendant is not entitled to vacatur of the default judgment, plaintiff cannot be compelled to accept service of her late answer, pursuant to CPLR 3012[d].
U.S. Bank Trust N.A. v. Rivera, NY Slip Op 06040 (1st Dep't October 22, 2020)
