A defendant moving pursuant to CPLR 5015(a)(1) to vacate a default in appearing or answering the complaint must provide a reasonable excuse for the default and demonstrate a potentially meritorious defense to the action. The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court.
A defendant may be entitled to relief under CPLR 317 on a showing that he did not receive actual notice of the summons and complaint in time to defend the action.
1KB & MS, LLC v. Happy Living Constr., LLC, NY Slip Op 03023 (2d Dep't June 5, 2024)
