December 2, 2023

Failure to oppose a motion.

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. The excuse of law office failure may be deemed reasonable. 

V.C. v. Fly High Indoor Trampoline Park, Inc., NY Slip Op 06024 (2d Dep't November 22, 2023)

Here is the decision.