On December 3, 2025, the Second Department issued a decision in Montrose v. Jean-Jacques, 2025 NY Slip Op. 06701, holding that law office failure amounting only to mere neglect was an insufficient basis to vacate a default judgment, explaining:
A defendant seeking to vacate a default in answering or appearing upon the grounds of excusable default pursuant to CPLR 5015(a)(1) must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action. The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court. Law office failure may be accepted as a reasonable excuse, provided that such an excuse is supported by a detailed and credible explanation for the law office failure alleged to have caused the default. Mere neglect is not a reasonable excuse.
Here, the defendants offered only a conclusory and unsubstantiated claim of law office failure amounting to mere neglect and, thus, failed to demonstrate a reasonable excuse for their default. Since the defendants failed to establish a reasonable excuse for their default, it is unnecessary to consider whether they had a potentially meritorious defense to the action.
(Internal quotations and citations omitted).