Aaron v. Greenberg & Reicher, Llp, 1791N

CourtNew York Supreme Court Appellate Division
Citation2009 NY Slip Op 9289,68 A.D.3d 533,889 N.Y.S.2d 455
Docket Number1791N,114029/05
PartiesSTEVEN L. AARON et al., Appellants, v. GREENBERG & REICHER, LLP, Respondent.
Decision Date15 December 2009
68 A.D.3d 533
2009 NY Slip Op 9289
889 N.Y.S.2d 455
STEVEN L. AARON et al., Appellants,
v.
GREENBERG & REICHER, LLP, Respondent.
1791N
114029/05
Appellate Division of the Supreme Court of New York, First Department.
Decided December 15, 2009.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered October 20, 2008, which denied plaintiffs' motion to vacate an order, same court and Justice, entered March 9, 2007, dismissing the complaint based on plaintiffs' failure to

[68 A.D.3d 534]

appear at a preliminary conference, unanimously affirmed, without costs.


The motion was properly denied because, in addition to being untimely as it was brought more than one year after the order dismissing the complaint was served upon plaintiffs (CPLR 5015 [a] [1]), plaintiffs have failed to demonstrate a reasonable excuse for their failure to appear for the preliminary conference following an adjournment that they had requested (see Fink v Antell, 19 AD3d 215 [2005]). Plaintiff Fell's assertion that his medical condition prevented him from remembering the adjourned date, or apparently even recalling that the matter had been adjourned, was unsupported by any relevant medical evidence (see Siskin v 221 Sullivan St. Realty Corp., 180 AD2d 544 [1992], lv dismissed 80 NY2d 826 [1992]; Falso v Norton, 89 AD2d 635 [1982], appeal dismissed 57 NY2d 955 [1982]), and there is no reason proffered for why plaintiff Aaron was unable to remember the adjournment date or to inform the court of his alleged scheduling conflict.

In view of the foregoing, it is unnecessary to consider whether plaintiffs have demonstrated a meritorious cause of action (see e.g. M.R. v 2526 Valentine LLC, 58 AD3d 530, 532 [2009]). In any event, we note that they have not set forth such a claim.

Concur — GONZALEZ, P.J., MOSKOWITZ, DeGRASSE, MANZANET-DANIELS and ROMAN, JJ.

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6 practice notes
  • Torres v. Metro N. R.R., Index No. 115850/2009
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2016
    ...88 A.D.3d 519, 519 (1st Dep't 2011); Chiaramonte v. Coppola, 81 A.D.3d 426, 426 (1st Dep't 2011); Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 (1st Dep't 2009); Espinoza v. Concordia Intl. Forwarding Corp., 32 A.D.3d 326, 327 (1st Dep't 2006), however, plaintiffs must meet the ......
  • Andersen v. Young & Rubicam, Inc., Index No. 113140/2004
    • United States
    • United States State Supreme Court (New York)
    • July 16, 2013
    ...untimely. C.P.L.R. § 5015(a)(1); Pina v. Jobar U.S.A. LLC, 104 A.D.3d 544, 545 (1st Dep't 2013); Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 (1st Dep't 2009). While the court also may vacate its judgment in the interests of substantial justice, Woodson v. Mendon Leasing Corp.,......
  • Schalberg v. Broadway Pops Int'l, Inc., Index No: 650800/2016
    • United States
    • United States State Supreme Court (New York)
    • June 29, 2018
    ...meritorious defense. (Hodson v. Vinnie's Farm Market, 103 A.D.3d 549, 959 [1st Dept 2013], citing Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 [1st Dept 2009]). Wherefore, it is hereby ORDERED that Defendants' motion to vacate the default judgment is denied. This constitutes th......
  • Debattista v. Taylor Grp. Gen. Contracting, Inc., INDEX NO. 161424/2015
    • United States
    • United States State Supreme Court (New York)
    • October 18, 2017
    ...meritorious defense. (Hodson v. Vinnie's Farm Market, 103 A.D.3d 549, 959 [[st Dept 2013], citing Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 [1st Dept 2009]). Based upon the foregoing, it is hereby ORDERED that defendants' motion to vacate the default judgment is denied. This......
  • Request a trial to view additional results
6 cases
  • Torres v. Metro N. R.R., Index No. 115850/2009
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2016
    ...88 A.D.3d 519, 519 (1st Dep't 2011); Chiaramonte v. Coppola, 81 A.D.3d 426, 426 (1st Dep't 2011); Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 (1st Dep't 2009); Espinoza v. Concordia Intl. Forwarding Corp., 32 A.D.3d 326, 327 (1st Dep't 2006), however, plaintiffs must meet the stan......
  • Andersen v. Young & Rubicam, Inc., Index No. 113140/2004
    • United States
    • United States State Supreme Court (New York)
    • July 16, 2013
    ...2010, untimely. C.P.L.R. § 5015(a)(1); Pina v. Jobar U.S.A. LLC, 104 A.D.3d 544, 545 (1st Dep't 2013); Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 (1st Dep't 2009). While the court also may vacate its judgment in the interests of substantial justice, Woodson v. Mendon Leasing Corp......
  • Schalberg v. Broadway Pops Int'l, Inc., Index No: 650800/2016
    • United States
    • United States State Supreme Court (New York)
    • June 29, 2018
    ...of meritorious defense. (Hodson v. Vinnie's Farm Market, 103 A.D.3d 549, 959 [1st Dept 2013], citing Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 [1st Dept 2009]). Wherefore, it is hereby ORDERED that Defendants' motion to vacate the default judgment is denied. This constitutes the......
  • Debattista v. Taylor Grp. Gen. Contracting, Inc., INDEX NO. 161424/2015
    • United States
    • United States State Supreme Court (New York)
    • October 18, 2017
    ...of meritorious defense. (Hodson v. Vinnie's Farm Market, 103 A.D.3d 549, 959 [[st Dept 2013], citing Aaron v. Greenberg & Reicher, LLP, 68 A.D.3d 533, 534 [1st Dept 2009]). Based upon the foregoing, it is hereby ORDERED that defendants' motion to vacate the default judgment is denied. This ......
  • Request a trial to view additional results

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