A party seeking to vacate an order entered on its default in answering or appearing must show both a reasonable excuse for the default and the existence of a potentially meritorious defense. Exactly what constitutes a reasonable excuse lies within the sound discretion of the motion court. However, a general excuse that the default was caused by delays occasioned by the defendant's insurance carrier is insufficient. Here, defendant provided only conclusory and unsubstantiated assertions that its insurance carrier had been notified of this action and would be hiring counsel on its behalf. Since defendant failed to demonstrate a reasonable excuse for its default, it is unnecessary to consider whether it demonstrated the existence of a potentially meritorious defense.
Ahmed v. Essex Terrace, Inc., NY Slip Op 03998 (2d Dep't June 22, 2022)
