On May 21, 2025, the Second Department issued a decision in CitiMortgage, Inc. v. Ramlal, 2025 NY Slip Op. 03037, holding that a motion to vacate a default judgment based on law office failure must be supported by detailed and credible facts, explaining:
A party seeking to vacate an order or judgment entered upon his or her default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. A motion to vacate a default is addressed to the sound discretion of the court. The court has discretion to accept law office failure as a reasonable excuse where the claim is supported by a detailed and credible explanation of the default. A claim of law office failure should be rejected where it is conclusory and unsubstantiated or lacking in credibility.
Here, the defendants’ conclusory and unsubstantiated allegations that their attorney failed to advise them of the plaintiff’s motions and failed to oppose the motions were insufficient to amount to a reasonable excuse for their defaults in opposing the motions. Since the defendants failed to demonstrate a reasonable excuse for failing to oppose the plaintiff’s motions, this Court need not consider whether the defendants demonstrated a potentially meritorious opposition to those motions.
(Internal citations omitted).