On August 26, 2026, the Second Department issued a decision in Aladin v. Kensington Ins. Co., 2026 NY Slip Op. 05067, holding that a party cannot appeal an ordered against it on default, explaining:
The appeal from the order dated February 5, 2024, must be dismissed, as no appeal lies from an order made upon the default of the appealing party.
In order to vacate its default in timely opposing the plaintiffs’ motion, the defendant was required to demonstrate a reasonable excuse for the default, as well as a potentially meritorious opposition to the motion. While CPLR 2005 allows courts to excuse a default due to law office failure, it was not the Legislature’s intent to routinely excuse such defaults, and mere neglect will not be accepted as a reasonable excuse. Here, the Supreme Court did not improvidently exercise its discretion in rejecting the defendant’s conclusory excuse of law office failure, which was part of a pattern of neglect demonstrated by the defendant during discovery.
Since the defendant failed to establish a reasonable excuse for its default, it is unnecessary to consider whether it had a potentially meritorious opposition to the plaintiff’s motion to strike the defendant’s answer.
(Internal citations omitted).
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