Defendant's motion to vacate a default judgment is denied because the moving papers failed to demonstrate a reasonable excuse for the default and a meritorious defense to the action, pursuant to CPLR 5015[a]. Defendant's contention that her counsel neglected the matter does not constitute a reasonable excuse. Defendant, who appeared pro se, did not submit any documentation that she had actually retained counsel, and no notice of appearance was ever filed. In any event, bare allegations of incompetence by counsel cannot serve as the basis to set aside a default.
Tao Liu v. Sobin Chang, NY Slip Op 02370 (1st Dep't May 2, 2024)
