This one gave me pause
Attorney reflects on a difficult MAPFRE v Callahan case where opposing counsel failed to appear, resulting in default judgment and denied vacatur motion.
Read More →Law Office Failure
17 articles by Jason Tenenbaum, Esq.
Law Office failure established through associate attorney deception
Court ruling shows how associate attorney deception and misconduct can establish law office failure, providing grounds for relief from missed depositions.
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Rocket docket at the First Department
First Department appeal challenging rocket docket preclusion in no-fault case, examining law office failure standards and interest of justice review procedures.
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A really bad default
New York appellate court case rejecting law office failure excuse for default, showing pattern of persistent inaction and willful neglect by defense counsel.
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Excusable neglect not acceptable
Court rejects attorney's heavy workload as excuse for missing deadline, emphasizing that mere neglect cannot justify vacating default orders in legal proceedings.
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Failure to stipulate to an adjournment can be law office failure – sufficient to vacate a summary judgment loss on default
Court finds that failure to stipulate to adjournment can constitute law office failure, providing grounds to vacate summary judgment entered on default.
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Valid excuse for law Office Failure
Court accepts law office failure as valid excuse for missing conference when defendants provide detailed, credible explanation for miscommunication between attorneys.
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Default granted where answer is 6 months later
First Department demonstrates lenient approach to vacating default judgments based on law office failure, contrasting with Second Department's stricter stance on defaults.
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Default not granted and a questionable appeal
Court grants extension to answer despite weak law office failure excuse. Attorney questions plaintiff's strategy of pursuing default instead of summary judgment.
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Service of papers in accordance with the CPLR should be considered even if not in accordance with the Kings County Civil Court briefing schedules
Kings County Civil Court case shows CPLR service rules should prevail over local briefing schedules when no prejudice exists in no-fault insurance litigation.
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More excusable law office failure
Law office failure case where First Department found excuse reasonable for restoring dismissed no-fault action despite paralegal's misunderstanding of case status on court website.
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This was excusable law office failure
NY Court reverses dismissal for attorney's failure to appear, ruling law office failure due to family health crisis was excusable under CPLR 2005
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Is it really the public policy of this state to adjudicate cases on their merits? Ask the Appellate Term, Second Department.
Appellate Term Second Department cases on insurance default judgments, law office failure excuses, and CPLR 2004 extensions in New York no-fault litigation.
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The proper mecanism to vacate a motion for summary judgment granted on default is through 5015(a)
Learn the proper mechanism to vacate summary judgment granted on default through CPLR 5015(a) motions vs renewal motions in NY no-fault insurance cases.
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Why Law Office Failure Excuses Must Be Detailed to Open Default Judgments in NY
Learn why NY courts require detailed law office failure excuses for default relief. Expert analysis of Second vs First Department standards. Call 516-750-0595.
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Generalized Averment of Law Office Failure is Sufficient to Open a Default: A Comprehensive Analysis
Analysis of NY appellate court ruling on law office failure as good cause to open defaults, examining regional variations and procedural requirements.
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If you detail a procedure, you must make sure you demonstrate that it was followed
Learn why New York attorneys must demonstrate procedural compliance when seeking to vacate defaults based on law office failure in Nassau and Suffolk County courts.
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