In order to vacate her default in opposing those branches of the defendants' separate motions which were pursuant to CPLR 3126 to strike the amended complaint, the plaintiff was required to demonstrate a reasonable excuse for the default and a potentially meritorious opposition, pursuant to CPLR 5015[a][1]. While the plaintiff demonstrated a reasonable excuse for the default, she failed to demonstrate a potentially meritorious opposition. Instead, the willful and contumacious nature of the plaintiff's conduct can be inferred from her failure, over a period of years, to comply with the defendants' discovery demands and her failure to comply with court orders directing disclosure. Vacatur is denied.
S.A. v. Bucca, NY Slip Op 05485 (2d Dep't November 1, 2023)
