A party seeking to vacate a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. While CPLR 2005 allows courts to excuse a default due to law office failure, it was not the Legislature's intent to routinely excuse such defaults, and mere neglect will not be accepted as a reasonable excuse. A conclusory, undetailed, and uncorroborated claim of law office failure does not rise to the level of a reasonable excuse.
Ferere v. Saks Fifth Ave., LLC, NY Slip Op 04401 (2d Dep't July 15, 2026)
