In order to vacate a default in appearing at a conference, the defaulting party must demonstrate both a reasonable excuse and a potentially meritorious cause of action or defense to the action. The determination of whether an excuse is reasonable lies within the sound discretion of the trial court. A court has discretion to accept law office failure as a reasonable excuse where the claim is supported by a detailed and credible explanation. However, law office failure should not be excused where the default results not from an isolated, inadvertent mistake, but from repeated neglect, or where the allegation of law office failure is vague, conclusory, and unsubstantiated.
Beach 28 RE, LLC v. Somra, N.Y. Slip Op 02295 (2d Dep't May 3 2023)
