A party seeking to vacate an order entered upon its failure to oppose a motion must demonstrate both a reasonable excuse for the default and the existence of a potentially meritorious opposition to the motion. The determination of what constitutes a reasonable excuse lies within the Supreme Court's discretion. In making its determination, the court should consider factors such as the extent of the delay; prejudice or lack of prejudice to the opposing party; whether there has been willfulness; and the strong public policy in favor of resolving cases on the merits.
Codispoti v. Beth Israel Med. Ctr., NY Slip Op 04187 (2d Dep't August 9, 2023)
