Bank of N.Y. Mellon v Faragalla, 2019 NY Slip Op 05641 (2d Dept. 2019)
It is not every day the Second Department outlines the law office failure that is deemed excusable. Sadly, this happens to many all too frequently.
“Under the circumstances presented here, the appellants set forth a reasonable excuse for their failure to appear at the centralized motion part of the Supreme Court on the return date of the plaintiff’s motion based on evidence of law office failure. In an affirmation, the appellants’ attorney explained that upon receiving the plaintiff’s motion, he directed his office’s legal assistant to note the return date of the motion on the office calendar, but that the return date had not been noted on the calendar. In addition, the appellants demonstrated a potentially meritorious defense based upon the statute of limitations”
