Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06338
Schirmer v Piazza
Read the official decision: 2026 NY Slip Op 06338
Holding The court affirmed the denial of the motion to vacate the money judgment because the appellants failed to demonstrate a reasonable excuse for their default in opposing the motion. The attorney’s unsubstantiated claim that court emails were in the wrong folder was insufficient to establish a reasonable excuse under CPLR 5015(a).
The court’s words
A party seeking to vacate an order entered upon his or her default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion
2026 NY Slip Op 06338, at the official text
appellants' attorney's conclusory and unsubstantiated assertion that some emails received from the Supreme Court were in an email folder other than his main inbox was insufficient to establish a reasonable excuse
2026 NY Slip Op 06338, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06338 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06338 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1617 |
Recommended citation
ESQ HQ, New York Law Watch, Schirmer v Piazza, 2026 NY Slip Op 06338 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06338/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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