Practice point: To vacate their default in opposing the plaintiffs' motion for summary judgment on the issue of liability, the defendants were required to demonstrate a reasonable excuse for their default and a potentially meritorious opposition to that motion, pursuant to CPLR 5015[a].
Student note: While the decision whether to vacate a default judgment
rests within the sound discretion of the trial court, a disposition on the merits is favored.
Case: Bardes v. Pintado, NY Slip Op 02003 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: An out-of-possession landlord's liability for a fall through an open trap door.