After the plaintiffs filed suit against ZS and additional defendants in early 2020, ZS failed to respond to the complaint or appear in court, resulting in a default judgment against him in June 2021.
In March 2023, ZS attempted to vacate the judgment under CPLR 5015(a)(1), which allows relief from a judgment due to excusable default. He also sought permission to file a late answer. His justification? COVID-19 restrictions allegedly interfered with his ability to respond.
The court wasn’t convinced. It found ZS’s excuse vague and unsupported, especially given the long delay before he took action. The court emphasized that a party seeking to vacate a default must show both a reasonable excuse and a potentially meritorious defense. ZS failed the first prong, so the second wasn’t even considered.
Ultimately, the Nassau County Supreme Court exercised its discretion to deny ZS’s motion, and the Appellate Division, Second Department, affirmed that decision. The judgment against ZS was left undisturbed, and his attempt to reopen the case was denied
Default judgments -- the silent treatment with consequences.
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DECISION