A defaulting defendant who moves to compel the plaintiff to accept late service of an answer must provide a reasonable excuse for the default and demonstrate a potentially meritorious defense to the action. Whether a proffered excuse is reasonable is a sui generis determination to be made by the court based on all relevant factors, including the extent of the delay, whether there has been prejudice to the opposing party, whether there has been willfulness, and the strong public policy in favor of resolving cases on the merits. While the court has the discretion to accept law office failure as a reasonable excuse, pursuant to CPLR 2005, a conclusory, undetailed, and unsubstantiated claim of law office failure is not a reasonable excuse.
Dawkins v. Isole, NY Slip Op 04006 (2d Dep't June 22, 2022)
