Failure to stipulate to an adjournment can be law office failure – sufficient to vacate a summary judgment loss on defaultFebruary 12, 2015
Santiago v Valentin, 2015 NY Slip Op 01159 (1st Dept. 2015)
“Plaintiff provided an attorney’s affirmation describing that the failure to submit opposition was due to a delay in receiving an updated medical report from plaintiff’s treating physician.
Further, plaintiff explained that after defendant denied his third request to stipulate to an adjournment, he believed the only recourse was to wait for a decision and order from the court, and thereafter, make a motion to vacate the default judgment. As such, there is no evidence in the record that plaintiff’s default was due to any deliberate, willful, or contumacious conduct.”