Francis v. Long Island College Hospital
| Decision Date | 07 November 2007 |
| Docket Number | 2007-02941 |
| Citation | 45 A.D.3d 529,844 N.Y.S.2d 721,2007 NY Slip Op 08408 |
| Parties | BRUCE FRANCIS, Respondent, v. LONG ISLAND COLLEGE HOSPITAL et al., Appellants, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law and in the exercise of discretion, with one bill of costs, and the plaintiff's motion is denied.
In order to vacate his default in appearing on a scheduled conference date, the plaintiff was required to demonstrate both a reasonable excuse for his failure to appear and a meritorious cause of action (see McClaren v Bell Atl., 30 AD3d 569 [2006]; Kein v Zeno, 23 AD3d 351 [2005]; Rubenbauer v Mekelburg, 22 AD3d 826, 827 [2005]). The excuse tendered by the plaintiff's attorney was unreasonable under the circumstances of this case, and thus we do not reach the question of the plaintiff's demonstration of merit. Accordingly, the Supreme Court improvidently exercised its discretion in granting the plaintiff's motion to vacate his default.
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