AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
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
Attorney(S)

CONTRACTORS CASUALTY SURETY COMPANY, RESPONDENT, v. 535 BROADHOLLOW REALTY, LLC., ET AL., DEFENDANTS, CHESTNUT HILL REAL ESTATE CORP., ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

In an order dated September 9, 1998, the Supreme Court struck the appellants' answer based on their failure to appear at a pretrial conference and ordered an inquest (see, 22 NYCRR § 202.27[a]). The appellants' motion to vacate their default was denied in an order dated February 17, 1999, and, following the inquest, a judgment was entered in the plaintiff's favor. On appeal, the appellants contend that the court erred in denying the motion to vacate their default.

Although the judgment was entered upon the appellants' default in appearing at the pretrial conference, appellate review of the issues raised in the order dated February 17, 1999, is not precluded since the defendant may obtain review of "matters which were the subject of contest below" (James v. Powell, 19 N.Y.2d 249, 256, n 3).

In moving to vacate their default, the appellants were required to establish a reasonable excuse for their failure to appear at the conference and a meritorious defense (see, Puchal v. Puchal, 273 A.D.2d 368 [2d Dept., June 19, 2000]; BBZZ Equities v. Gorman, 267 A.D.2d 266; Salemo v. Geller, 260 A.D.2d 153). We agree with the Supreme Court that, even assuming that the appellants' nonappearance at the conference was excusable based on law office failure, their belated attempt in reply papers to establish a meritorious defense was inadequate. Accordingly, the Supreme Court providently exercised its discretion in denying the appellants' motion (see, Puchal v. Puchal, supra).

Use AI to get other relevant cases.

Comments

CONTRACTORS CAS. SURETY v. 535 BROADHOLLOW
(Oct 30, 2000)