A party seeking to vacate a default in appearing on the return date of a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious cause of action or defense. A court may accept law office failure as a reasonable excuse, pursuant to CPLR 2005, but the claim must be specific, detailed, and corroborated.
Bank of Am., N.A. v. Russell, NY Slip Op 04592 (2d Dep't July 29, 2021)
Tomorrow's issue: CPLR 3018(b).
