Coakley v. Gabel

*955On appeal, defendant contends that Special Term abused its discretion in relieving plaintiffs of their default because plaintiffs failed to supply a reasonable excuse for their default and failed to submit an affidavit of merit. We agree. Although Special Term has discretion to relieve a party of a default because of "law office failure” (CPLR 2005), a party seeking to be relieved of a default is required to tender a reasonable excuse for the delay and an affidavit demonstrating the meritorious nature of the claim (see, CPLR 2005, 5015 [a]; Kel Mgt. Corp. v Rogers & Wells, 64 NY2d 904;…