AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
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
Judges

AMERICAN SHORING, INC., Respondent, v. D.C.A. CONSTRUCTION, LTD., Appellant.

Ordered that the order is affirmed, with costs.

To vacate its default in appearing or answering the amended verified complaint, the defendant was required to demonstrate a reasonable excuse for its default and a meritorious defense ( see CPLR 5015 [a] [1]; Santiago v. New York City Health Hosps. Corp., 10 AD3d 393, 394; Spells v. AP Supermarkets, 253 AD2d 422). The defendant's counsel failed to establish that the delay in appearing or answering was entirely attributable to a car accident involving an attorney from the law firm ( see Price v. Salvo, 203 AD2d 349; Hargett v. Health Hosps. Corp. of City of N.Y., 88 AD2d 633). Moreover, the defendant's counsel did not explain why other attorneys at the firm who were capable of handling this matter did not assume responsibility for it ( see Price v. Salvo, supra). Furthermore, any reliance by the defendant on the parties' settlement negotiations between October 2003 and January 2004 did not constitute a reasonable excuse for the default, since the defendant was aware during those negotiations that the plaintiff had already obtained a default judgment ( cf. Scarlett v. McCarthy, 2 AD3d 623; Lehrman v. Lake Katonah Club, 295 AD2d 322).

In view of the lack of a reasonable excuse, it is unnecessary to consider whether the defendant sufficiently demonstrated a meritorious defense.

Use AI to get other relevant cases.

Comments

AMERICAN SHORING, INC. v. D.C.A. CONSTRUCTION
(Feb 14, 2005)