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Failure to check e-mail in e-filed case is a reasonable excuse to a defaultSeptember 16, 2016

Matter of Rivera v New York City Dept. of Sanitation, 2016 NY Slip Op 05837 (1st Dept. 2016)

“At oral argument, respondents essentially conceded that, in this e-filed case, their office failed to regularly check its email and, as a result, was unaware of the motion court’s order that gave rise to the default. Respondents’ excuse was sufficiently particularized and there is no evidence of wilful or contumacious conduct on their part”

The missed email defense works.