Burks v. Weiss

In Burks v. Weiss (137 AD 2d 646 [2d Dept 1988]), the defendant sought to vacate a default judgment. The defendant submitted a social worker's report which referred to the defendant's suffering from depression, characterized by a diminished capacity to think, concentrate or make decisions, but the report did not detail how long the defendant had suffered from the condition. The court noted that uncontroverted facts showed that the defendant understood the nature of the proceedings, held that the defendant's conduct was willful, and therefore denied the defendant's motion to vacate the default for failure to show a reasonable excuse for the default.