In order to vacate their default in opposing the defendant's motion pursuant to CPLR 3126 to strike the complaint and the plaintiffs' reply to the defendant's counterclaims, the plaintiffs were required to demonstrate a reasonable excuse for their default and a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a][1]. The plaintiffs failed to demonstrate the requisite reasonable excuse. Contrary to the plaintiffs' contention that they were not aware that corporations must be represented by counsel pursuant to CPLR 321(a), the order appealed from specifically stated that counsel "is required for corporate entities." The record establishes that the order was served on the plaintiffs. Since the plaintiffs failed to proffer a reasonable excuse, the Appellate Division need not consider whether they demonstrated a potentially meritorious opposition to the defendant's motion.
Comprehensive Mental Assessment & Med. Care, P.C. v. Gusrae Kaplan Nusbaum, PLLC, NY Slip Op 00408 (2d Dep't February 1, 2023)
