P&H Painting, Inc. v Flintlock Constr. Servs., LLC, 2020 NY Slip Op 00603 (2d Dept. 2020)
” Although the general rule is that in order to vacate a default, a party must demonstrate a reasonable excuse for the default and a potentially meritorious defense (see CPLR 5015[a][1]), the sufficiency of an excuse is not as significant where the default is only a short period (see Vallario v 25 W. 24th St. Flatiron, LLC, 149 AD3d 791, 792-793; Chakmakian v Maroney, 78 AD3d 1103, 1104).”
For every Plaintiff who rejects answers that are less than 2 months late (Arias v First Presbyt. Church in Jamaica, 97 AD3d 712, 712 (2d Dept 2012)(less than two months considered short), be assured the refrain of “failure to establish a reasonable excuse” shall fall on hollow ground, with costs and disbursements.
