Khan v. Santana

Summary

The Appellate Division, Second Department, affirmed an order granting the defendant's motion to vacate an earlier order that had restored the plaintiff's personal-injury action to the active calendar. The court held that the defendant was required to show a reasonable excuse for defaulting in opposition and a potentially meritorious opposition, and concluded that the Supreme Court properly granted the motion under CPLR 5015(a)(1).

Holdings

1. A party seeking to vacate an order granting an opposing party's unopposed motion must demonstrate both a reasonable excuse for the default in opposing that motion and a potentially meritorious opposition.
2. The Supreme Court properly granted the defendant's motion to vacate the March 2023 order, and the order dated March 13, 2024, was affirmed insofar as appealed from.

Questions Presented

1. Whether the Supreme Court properly vacated its prior order granting the plaintiff's unopposed motion to vacate the abandonment dismissal and restore the action.
2. Whether the defendant demonstrated both a reasonable excuse for failing to oppose the plaintiff's motion and a potentially meritorious opposition under CPLR 5015(a)(1).

Disposition

affirmed