On April 18, 2024, the First Department issued a decision in JDS Constr. Group LLC v. Copper Servs., LLC, 2024 NY Slip Op. 02097, holding that counsel’s failure to answer or oppose a motion for default judgment despite telling the client he would do so was a reasonable excuse for the default justifying vacating the default, explaining:
Copper sufficiently demonstrated a reasonable excuse in support of its motion to vacate the default judgment entered against it. Its counsel abandoned his duties to file an answer and respond to the default judgment motion, despite having advised Copper that he was being paid by Copper’s surety to appear on Copper’s behalf. Copper’s sole manager and member’s challenging personal circumstances also guide our determination. Although Copper’s defaults were more than isolated incidents, it cannot be said based on this record, that they constituted a pattern of willful default and neglect, and there is no claim of prejudice.
(Internal quotations and citations omitted).