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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
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06338
Area of lawCivil Procedure
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06338
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1617

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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Published October 28, 2026. Updated October 28, 2026.