July 1, 2026

Vacating a default

A party seeking to vacate an order entered upon a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. A motion to vacate a default is addressed to the sound discretion of the court.

Guercia v. Gao, NY Slip Op 03950 (2d Dep't June 24, 2026)

Here is the decision.