AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ADL CONSTRUCTION, LLC, et al., Respondents, v. KEITH CHANDLER, Appellant, and PONCE DELEON BANK, Respondent, et al., Defendants.

Defendant failed to demonstrate a reasonable excuse for his default ( see CPLR 5015 [a] [1]). After his bankruptcy court petition was dismissed, he was obligated to respond to plaintiffs' pending summary judgment motion, to obtain plaintiffs' consent to additional time for his response, or to seek additional time from the court. Defendant did nothing.

The record supports the court's conclusion, in light of defendant's other conduct, including his failure to make any attempt to vacate the default until almost a year later, that defendant's failure to respond to the motion was willful and calculated to cause delay ( see e.g. Youni Gems Corp. v Bassco Creations Inc., 70 AD3d 454; Brown v Suggs, 38 AD3d 329).

There is no evidence to support defendant's claim that his default should have been vacated on the ground of fraud, misrepresentation or misconduct of an adverse party.

We have considered defendant's remaining arguments and find them unavailing.

Use AI to get other relevant cases.

Comments

ADL CONSTRUCTION v. KEITH CHANDLER
(Nov 4, 2010)