On September 5, 2025, Justice Crane of the New York County Commercial Division issued a decision in Travers v. Lubin, 2025 NY Slip Op. 33341(U), holding that a defendant’s general claims of medical problems were insufficient to justify vacating a default judgment, explaining:
[A] defendant seeking to vacate a default under CPLR 501S(a)(l) “must demonstrate a reasonable excuse for its delay in appearing and answering the complaint or motion and a meritorious defense to the action.
To support a reasonable excuse, defendant claims that his life was very challenging because of issues with his health, in addition to suffering a catastrophic business reversal. However, defendant fails to support his contention with medical documentation. Indeed, the only evidence that defendant proffers are excerpts from medical records between 2012 and 2014. How this information is relevant to an action commenced in 2019 is unclear. In the same manner, a catastrophic business reversal is not a reasonable excuse.
Next, defendant contends that a reasonable excuse exists because, at the time when he was served the summary judgment motion, he was taking the prescribed drug, Dilaudid-that he characterized as “hospital heroin.” This argument is also ineffective. Lubin’s claim that this drug affected his ability to appreciate the need to prioritize engaging counsel is both self-serving and undocumented. Lubin was required to either appear himself, or in the alternative, retain counsel to appear on his behalf after being served with the summary judgement motion.
(Internal quotations and citations omitted).