Rally Chiropractic, P.C. v MVAIC, 2012 NY Slip Op 50325(U)(App. Term 1st Dept. 2012)
The record shows that defendant’s failure to appear at the compliance conference resulted from excusable law office failure, and that defense counsel’s miscalendaring of the initial scheduled date was neither willful nor part of a pattern of delay (see The Travelers Ins. Co. v Abelow, 14 AD3d 395 [2005]). Considering the strong policy favoring resolution of cases on the merits (see Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011]), and in the absence of any argument by plaintiff that the delay caused it prejudice or that defendant lacks a meritorious defense, we exercise our discretion to relieve defendant of its unintended default.
Now, tell me that you did not see this coming?
