In order to vacate the default in appearing for oral argument, the plaintiff was required to demonstrate a reasonable excuse for his default and a potentially meritorious opposition to the defendants' motion. The determination of what constitutes a reasonable excuse lies within the Supreme Court's discretion. Law office failure may be accepted as a reasonable excuse, provided that it is supported by a detailed and credible explanation.
Aguilar v. Tona Constr. & Mgt., LLC, NY Slip Op 04829 (2d Dep't August 5, 2026)
