Key Takeaway
Court rules that vague "law office failure" excuse doesn't justify late opposition papers, but defendants still failed to prove their summary judgment case.
When Courts Accept Late Papers: The “Reasonable Excuse” Standard
In New York litigation, strict deadlines govern when parties must submit their papers to the court. However, courts sometimes have discretion to consider late submissions if a party can demonstrate a reasonable excuse for the delay. The Second Department’s decision in Elusma v Jackson illustrates the high bar parties face when seeking judicial leniency for missed deadlines.
This case demonstrates that generic explanations like “law office failure” rarely satisfy courts when evaluating whether to accept late opposition papers. The decision also highlights an important procedural principle: even when a court improperly exercises discretion in one area, it may not affect the ultimate outcome if the opposing party fails to meet their legal burden.
Jason Tenenbaum’s Analysis:
Elusma v Jackson, 2020 NY Slip Op 04920 (2d Dept. 2020)
“The Supreme Court improvidently exercised its discretion in considering the plaintiffs’ opposition papers, which were submitted after the return date of the motion. The plaintiffs’ vague and unsubstantiated proffered excuse of law office failure did not constitute a reasonable excuse for the late service of their opposition papers (see CPLR 2214, ; Nakollofski v Kingsway Props., LLC, 157 AD3d 960, 961; Taylor Appraisals v Prokop, 99 AD3d 985, 985). Nevertheless, the court’s consideration of the opposition papers is of no moment since the defendants failed to establish their prima facie entitlement to summary judgment on the issue of liability.”
Key Takeaway
Courts require specific, substantiated explanations when parties seek to excuse late filings. While default scenarios often involve similar excuse standards, this case shows that procedural errors may not change outcomes when the moving party fails to meet their substantive legal burden for summary judgment.
