A party seeking to vacate an order entered upon a default in opposing a motion for summary judgment must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court. A court has the discretion to accept law office failure as a reasonable excuse where that claim is supported by a detailed and credible explanation. Here, the plaintiff provided a reasonable excuse for her failure to submit a timely opposition to the defendant's motion. Moreover, on appeal, the defendant does not contest the Supreme Court's determination that the plaintiff established a reasonable excuse for her default in opposing the defendant's motion for summary judgment dismissing the complaint.
Charles v. Nouveau El. Indus., Inc., NY Slip Op 03027 (2d Dep't June 5, 2024)
