A party seeking to vacate an order entered upon a default in opposing a motion must submit evidence in admissible form establishing both a reasonable excuse for the default and a potentially meritorious opposition to the motion. A court has discretion to accept law office failure as a reasonable excuse where the claim is supported by a detailed and credible explanation of the default. Vague, conclusory, and unsubstantiated allegations of law office failure are insufficient.
Agostinacchio v. Jofaz Transp., Inc., NY Slip Op 02750 (2d Dep't May 7, 2025)
