A party seeking to vacate 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]. The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court. In excusing its discretion, the court may excuse delay or default resulting from law office failure, pursuant to CPLR 2005.
Biotek Servs., LLC v. South Is. Med. Assoc., P.C., NY Slip Op 02775 (2d Dep't May 24, 2023)
