Deutsche Bank Trust Company Americas, as Trustee, Appellant, v Marie Leis et al., Defendants.

Holding The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a dismissal for abandonment, finding that the plaintiff failed to demonstrate a reasonable excuse for its prolonged delay. The court held that the plaintiff’s lack of factual allegations regarding the cause of the default and the subsequent six-year inactivity precluded relief under CPLR 5015(a)(1).

The court’s words

plaintiff failed to establish a reasonable excuse for its prolonged delay in seeking to vacate the default

2026 NY Slip Op 06498, at the official text

plaintiff inexplicably allowed the matter to remain dormant for more than six years before seeking to vacate the dismissal

2026 NY Slip Op 06498, at the official text

plaintiff's submissions were devoid of any factual allegations to warrant invoking the doctrine

2026 NY Slip Op 06498, at the official text

The filing of a notice of entry bears only upon the timeliness of a CPLR 5015 (a) (1) motion

2026 NY Slip Op 06498, at the official text