This one gave me pause
September 15, 2018 No Comments
Matter of MAPFRE Ins. Co. of NY v Callahan, 2018 NY Slip Op 06016 (2d Dept 2018) Facts: “The Supreme Court ordered a framed-issue hearing to
Matter of MAPFRE Ins. Co. of NY v Callahan, 2018 NY Slip Op 06016 (2d Dept 2018) Facts: “The Supreme Court ordered a framed-issue hearing to
Scholem v Acadia Realty L.P., 2016 NY Slip Op 07943 (2d Dept. 2016) “Here, in opposition to the plaintiff’s motion, inter alia, to enforce the conditional order
Global Liberty v. Coastal Anesthesia Another attempt is being made to demonstrate that “rocket docket” preclusion is subject to an interest of justice review and that
This case gives a nice list of defaults that are just not excusable. The problem I have is that behavior that does not fall anywhere within
A.B. Med., PLLC v Cna Ins. Co., 2015 NY Slip Op 50199(U)(App. Term 2d Dept. 2015) “Here, plaintiff failed to demonstrate that it had a reasonable
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
Madonna Mgt. Servs., Inc. v Naghavi, 2014 NY Slip Op 08965 (2d Dept. 2014) “Here, the defendants have provided a “detailed and credible” explanation for their failure
Rosenblatt v New York City Tr. Auth., 2014 NY Slip Op 07575 (1st Dept. 2014) “Defendants demonstrated an excuse of law office failure through the assigned attorney’s
Metropolitan Prop. & Cas. Ins. Co. v Braun, 2014 NY Slip Op 06283 (1st Dept. 2014) “The motion court providently exercised it discretion in granting defendants’
D & r Med. Supply, Inc. v American Tr. Ins. Co., 2012 NY Slip Op 50785(U)(App. Term 2d Dept. 2012). “In this action by a provider
I usually do not post too heavily involving issues of vacatur of defaults via law office failure. Yet, the last few no-fault cases I have seen
Goodwin v New York City Hous. Auth., 2010 NY Slip Op 08614 (1st Dept. 2010) “Order…denied plaintiffs’ motion to vacate a prior order that had dismissed
Case #1: Viviane Etienne Med. Care, P.C. v Alea N. Am. Ins. Co., 2010 NY Slip Op 52011(U)(App. Term 2d Dept. 2010) “The administrator finally obtained
Two points of law. First, late answering papers should be accepted if there is a reasonable basis for their untimeliness. Absent papers being served a week
In Chechen v Spencer, 2009 NY Slip Op 09177 (2d Dept. 2009), law office failure (again) was discussed: “After the plaintiff failed to appear at a
The Appellate Division, First Department, in Lamar v City of New York, 2009 NY Slip Op 08974 (1st Dept. 2009), said this in a four sentence
When vacating a default in the Second Department based upon law office failure, the proponent of the motion must produce admissible evidence explaining the nature and
