In order to vacate its default in timely opposing the plaintiffs' motion, the defendant was required to demonstrate a reasonable excuse for the default, as well as a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a][1]. 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. Here, the Supreme Court did not improvidently exercise its discretion in rejecting the defendant's conclusory excuse of law office failure, which was part of a pattern of neglect demonstrated by the defendant during discovery.
Aladin v. Kensington Ins.Co., NY Slip Op 05067 (2d Dep't August 26, 2026)
