In order to vacate a default in appearing at a scheduled court conference, the plaintiff must demonstrate both a reasonable excuse for the default and a potentially meritorious cause of action. The determination of whether an excuse is reasonable is within the sound discretion of the Supreme Court. In its exercise of discretion, the court may 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. A court may accept law office failure as a reasonable excuse, but the party seeking to vacate the default must provide detailed allegations of fact that explain the failure. A pattern of willful default and neglect will not be excused.
Gutierrez v. Plonski, NY Slip Op 04366 (2d Dep't August 23, 2023)
