April 23, 2024

Vacating a default.

Defendant sufficiently demonstrated a reasonable excuse in support of its motion to vacate the default judgment entered against it. Its counsel abandoned his duties to file an answer and respond to the default judgment motion, despite having advised defendant that he was being paid by defendant's surety to appear on defendant's behalf. The record does not indicate a pattern of willful default and neglect, and there is no claim of prejudice.

JDS Constr. Group LLC v. Copper Servs., LLC, NY Slip Op 02097 (1st Dep't April 18, 2024)

Here is the decision.

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