On January 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jiang v. Howe, 2023 NY Slip Op. 30254(U), vacating a default judgment, holding that counsel’s calendaring error was a sufficient excuse for a default, explaining:
It is well settled that to succeed upon a motion to vacate a default the party must demonstrate a reasonable excuse for the
default and a meritorious defense. The existence of law office failure may provide the necessary reasonable excuse as long as the movant presents a detailed and credible explanation of the default. In this case the reasonable excuse presented is essentially that counsel for the defendant made a calendering error and that in any event the defendant has been suffering from long COVID which prevented her attention and participation.It is true that law office failure may be deemed a reasonable excuse where there is a detailed and credible explanation of the default. This is especially true where no prejudice accrues to any of the parties and the party seeking the default has moved expeditiously to vacate the default. Essentially, in this case the defendant’s counsel asserts that a calendering error led to the default.
It is well settled that miscalendaring dates is a valid demonstration of law office failure. Therefore, a reasonable excuse has been presented. Moreover, there has been no evidence there has been any prejudice to any of the parties.
(Internal quotations and citations omitted).