Gazetten Contracting, Inc. v. Hco, Inc.
| Decision Date | 07 November 2007 |
| Docket Number | 2006-05711 |
| Citation | 844 N.Y.S.2d 721,2007 NY Slip Op 08409,45 A.D.3d 530 |
| Parties | GAZETTEN CONTRACTING, INC., Respondent, v. HCO, INC., Appellant. (And a Third-Party Action.) |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
In order to vacate an order striking its answer based upon its default in appearing for a scheduled conference before the court, the defendant herein was required to demonstrate both a reasonable excuse for its failure to appear and a meritorious defense (see McClaren v Bell Atl., 30 AD3d 569 [2006]; Kein v Zeno, 23 AD3d 351 [2005]; Rubenbauer v Mekelburg, 22 AD3d 826 [2005]). Although the court has the discretion to accept law office failure as a reasonable excuse (see CPLR 2005), the defendant was required to substantiate the law office failure excuse with "detailed factual allegations" (see Grezinsky v Mount Hebron Cemetery, 305 AD2d 542 [2003]; Eretz Funding v Shalosh Assoc., 266 AD2d 184, 185 [1999]). Here, the Supreme Court providently exercised its discretion in rejecting the defendant's excuse of law office failure as it was conclusory, undetailed, and uncorroborated (see McClaren v Bell Atl., 30 AD3d 569 [2006]; Solomon v Ramlall, 18 AD3d 461 [2005]).
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