August 26, 2022

Vacating a default in opposing a motion.

A party seeking to vacate an order or judgment entered upon a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a][1]. The determination of what constitutes a reasonable excuse is within the sound discretion of the Supreme Court.

Fidelity Bank v. John, NY Slip Op 04952 (2d Dep't August 17, 2022)

Here is the decision.