Plaintiffs show both a reasonable excuse for their default and a meritorious cause of action, and so their motion to vacate dismissal and restore the action to the trial calendar is granted. Law office failure is a reasonable excuse for the default, since plaintiffs' counsel was unaware that procedures for conducting compliance conferences had changed during the COVID-19 pandemic and, as a result, inadvertently failed to submit stipulations before a scheduled conference. Plaintiffs demonstrated a meritorious cause of action by submitting the complaint, a bill of particulars, and the injured plaintiff's deposition testimony. In addition, defendants were not prejudiced by plaintiffs' failure to appear, and did not oppose the motion to vacate.
Willner v. S Norsel Realties LLC, NY Slip Op 04111 (1st Dep't June 23, 2022)
