A defendant seeking to vacate a default in answering a complaint, pursuant to CPLR 5015(a,) must show both a reasonable excuse for the default and the existence of a potentially meritorious defense. Whether there is a reasonable excuse for a default is a discretionary, 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.
6 Crannell St., LLC v. Urban Green Equities, LLC, NY Slip Op 04613 (2d Dep't July 20, 2022)
