Excusable delay or default

N.Y. Civil Practice Law & Rules Law § 2005, under Mistakes, Defects, Irregularities and Extensions of Time.

N.Y. Civil Practice Law & Rules Law § 2005

§ 2005. Excusable delay or default. Upon an application satisfying the requirements of subdivision (d) of section 3012 or subdivision (a) of rule 5015, the court shall not, as a matter of law, be precluded from exercising its discretion in the interests of justice to excuse delay or default resulting from law office failure.