Baron v. Earl I. Wadhams, Inc.

Appellate Division of the Supreme Court of New York

Baron v. Earl I. Wadhams, Inc.

139 A.D.2d 956

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 8, 1988

DocketAppeal No. 2

StatusPublished

This text of 139 A.D.2d 956 (Baron v. Earl I. Wadhams, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baron v. Earl I. Wadhams, Inc., 139 A.D.2d 956 (N.Y. Ct. App. 1988).

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Opinion

— Order unanimously affirmed without costs. Memorandum: Special Term properly exercised its discretion in denying plaintiff’s motion to vacate the order, entered on default and dismissing the action on the ground of law office failure (CPLR 5015 [a] [1]; 2005). CPLR 2005 permits a court to excuse a default for law office failure; however, there must be a reasonable excuse for the delay and an affidavit of merits (see, Fidelity & Deposit Co. v Andersen &

[957]*957Co., 60 NY2d 693, 695); plaintiff failed to provide a reasonable excuse for the delay to demonstrate that her cause of action has merit. (Appeal from order of the Supreme Court, Ontario County, Reed, J. — vacate default.) Present — Doerr, J. P., Den-man, Pine, Balio and Davis, JJ.

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— Order unanimously affirmed without costs. Memorandum: Special Term properly exercised its discretion in denying plaintiff’s motion to vacate the order, entered on default and dismissing the action on the ground of law office failure (CPLR 5015 [a] [1]; 2005). CPLR 2005 permits a court to excuse a default for law office failure; however, there must be a reasonable excuse for the delay and an affidavit of merits (see, Fidelity & Deposit Co. v Andersen &

[957]*957Co., 60 NY2d 693, 695); plaintiff failed to provide a reasonable excuse for the delay to demonstrate that her cause of action has merit. (Appeal from order of the Supreme Court, Ontario County, Reed, J. — vacate default.) Present — Doerr, J. P., Den-man, Pine, Balio and Davis, JJ.

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Bluebook (online)

139 A.D.2d 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baron-v-earl-i-wadhams-inc-nyappdiv-1988.

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