A motion to vacate on the basis of excusable default, pursuant to CPLR 5015[a][1], and to compel the plaintiff to accept an untimely answer, pursuant to CPLR 3012[d], requires a reasonable excuse for the default and a potentially meritorious defense. Law office failure may be a reasonable excuse, but mere neglect is not. Here, it is not reasonable that defendant did not appoint an attorney until several months after the default.
Biskra, Inc. v. U.S. Bank N.A., NY Slip Op 04744 (2d Dep't August 25, 2021)
Tomorrow's issue: Defective sidewalks.
