A party seeking to vacate an order entered upon a default in opposing a motion must demonstrate a reasonable excuse for the default and a potentially meritorious opposition to the motion. A conclusory and unsubstantiated claim of ill health is not a reasonable excuse. The absence of a reasonable excuse for the default renders it unnecessary to determine whether the movant demonstrated the existence of a potentially meritorious opposition to the motion.
Fuchs-Goren v. Goren, NY Slip Op 03736 (2d Dep't July 10, 2024)
