A party seeking to vacate a default judgment must demonstrate both a reasonable excuse for the default and a meritorious defense. Here, the defendant failed to proffer a reasonable excuse for the default in responding to the plaintiff's motion for summary judgment. Although, on the motion's return date, the defendant's counsel was moving his office to a new location, the defendant gives no reason why counsel could not have responded to the motion prior to the move. Counsel took no action for three weeks after receiving notice of the motion. The Appellate Division notes that this default was not an isolated incident on the defendant's part.
Aetna Life Ins. Co. v. UTA of KJ Inc., NY Slip Op 01266 (1st Dep't March 1, 2022)
