Keil v Willow Wood Assoc. LP

Holding The Supreme Court properly denied the plaintiff’s motion to restore the action to the active calendar because she failed to demonstrate a reasonable excuse for her default in appearing at compliance conferences. The plaintiff’s allegation that incoming counsel filed the matter under an incorrect index number was deemed conclusory and unsubstantiated, particularly given that counsel had previously appeared for a conference.

The court’s words

In order to vacate a default in appearing at a conference, the defaulting party must demonstrate both a reasonable excuse for the default and a potentially meritorious cause of action

2026 NY Slip Op 05944, at the official text

Conclusory and unsubstantiated allegations of law office failure are not sufficient

2026 NY Slip Op 05944, at the official text

the plaintiff failed to proffer a reasonable excuse for her default in appearing on the scheduled compliance conference dates

2026 NY Slip Op 05944, at the official text

the plaintiff's excuse was belied by the fact that after counsel from the incoming law firm was substituted in October 2022, he appeared for a conference in February 2023

2026 NY Slip Op 05944, at the official text