A party seeking to vacate an order entered upon his failure to appear at a hearing must demonstrate a reasonable excuse for the default and a potentially meritorious claim or defense to be raised at the hearing, pursuant to CPLR 5015[a][1]. The motion court has to discretion to determine what is a reasonable excuse, and the court may accept law office failure, pursuant to CPLR 2005. Mere neglect is not a reasonable excuse.
Here, the plaintiff attributed its failure to appear on the adjourned hearing date to law firm neglect and lack of diligence in properly calendaring the adjournment. This is not a reasoable excuse, and the motion to vacate is denied.
Residential Mtge. Loan Trust v. Battle, NY Slip Op 04750 (2d Dep't July 27, 2022)
