General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment

On September 14, 2022, the Second Department issued a decision in Kamil El-Deiry & Assoc. CPA, PLLC v. Excellent Home Care Servs., LLC, 2022 NY Slip Op. 05157, holding that general assertions of law office failure were insufficient to justify vacating a default judgment, explaining:

In order to obtain relief from a default judgment pursuant to CPLR 5015(a)(1), a defendant must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action. Although a 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, conclusory and unsubstantiated allegations of law office failure are insufficient to constitute a reasonable excuse. Mere neglect is not a reasonable excuse. Here, the defendant failed to demonstrate a reasonable excuse for its default. Its conclusory and unsubstantiated claim of law office failure does not establish a reasonable excuse for its default.

Since the defendant failed to establish a reasonable excuse, it is not necessary to determine whether it demonstrated the existence of a potentially meritorious defense.

(Internal quotations and citations omitted) (emphasis added).

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