Practice point: To vacate his default in opposing the plaintiffs' motion for summary judgment on the complaint, a defendant is required to demonstrate a reasonable excuse for the default and a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a].
Student note: While law office failure can be accepted as a reasonable excuse in the exercise of a court's sound discretion, the movant must submit supporting facts to explain and justify the default, and mere neglect is not accepted as a reasonable excuse.
Case: Taylor Appraisals v. Prokop, NY Slip Op. 07099 (2d Dept 2012).
Tomorrow’s issue: Collecting attorneys’ fees.