On May 21, 2025, the Second Department issued a decision in BJ Integra Affordable, LLC v. Vanmew Hous. Dev. Fund Corp., 2025 NY Slip Op. 03035, holding that the failure of the Secretary of State timely to forward papers was an excuse for a default, explaining:
A defendant seeking to vacate a default in answering a complaint and to compel the plaintiff to accept an untimely answer as timely must show both a reasonable excuse for the default and the existence of a potentially meritorious defense. The determination of what constitutes a reasonable excuse lies within the trial court’s discretion.
Here, service was made by delivering copies of the summons and complaint to the Secretary of State, and evidence in admissible form from Henry’s affidavit established that the defendants’ default was caused by the Secretary of State’s delay in forwarding the copies of the summons and complaint to the defendants. The delay by the Secretary of State in forwarding the copies of the summons and complaint is a reasonable excuse for the default.
(Internal quotations and citations omitted).