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MATTER OF BALDINI v. NEW YORK CITY EMPLOYEES RET. SYS.

254 A.D.2d 128 (1998)

680 N.Y.S.2d 3

In the Matter of Rocco Baldini, Respondent, v. New York City Employees Retirement System, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 20, 1998

In order to vacate a default the moving party must demonstrate a meritorious defense and a reasonable excuse for the delay (Arias v Sanchez, 227 A.D.2d 284). The courts have the discretion to consider law office failure as a reasonable excuse (CPLR 2005; Lopez v City of New York, 179 A.D.2d 388). Here, it was an abuse of discretion to reject NYCERS...

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