Matter of Elrac, Inc. v. Holder
| Decision Date | 18 July 2006 |
| Docket Number | 2005-06204. |
| Citation | 31 A.D.3d 636,817 N.Y.S.2d 916,2006 NY Slip Op 05784 |
| Parties | In the Matter of ELRAC, INC., Doing Business as, ENTERPRISE RENT-A-CAR, Respondent, v. NASHON HOLDER, Appellant. GEICO INSURANCE COMPANY, Proposed Additional Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with one bill costs.
The Supreme Court providently exercised its discretion in denying the appellant's motion, in effect, to vacate because the appellant's conclusory and unsubstantiated excuse of law office failure did not amount to a reasonable excuse for his failure to oppose the petition (see CPLR 5015 [a] [1]; Matter of Hye-Young Chon v Country-Wide Ins. Co., 22 AD3d 849 [2005]; Grezinsky v Mount Hebron Cemetery, 305 AD2d 542 [2003]; Eretz Funding v Shalosh Assoc., 266 AD2d 184, 185 [1999]).
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6 cases
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Heidari v. First Advance Funding Corp., 2007 NY Slip Op 32895(U) (N.Y. Sup. Ct. 8/21/2007), 0004878/2007
...["conclusory and unsubstantiated claim of law office failure was insufficient to constitute a justifiable excuse"]; Elrac, Inc. v. Holder, 31 A.D.3d 636 (2nd Dept. 2006)["conclusory and unsubstantiated excuse of law office failure did not amount to a reasonable excuse"]. Since defendants fa......
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Byers v. Winthrop Univ. Hosp.
...failure are insufficient ( see Lugauer v. Forest City Ratner Co., 44 A.D.3d 829, 830, 843 N.Y.S.2d 456;Matter of ELRAC, Inc. v. Holder, 31 A.D.3d 636, 636–637, 817 N.Y.S.2d 916;Matter of Denton v. City of Mount Vernon, 30 A.D.3d 600, 601, 817 N.Y.S.2d 140). In addition, in a medical malprac......
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Bank of N.Y. Mellon v. Colucci
...1286, 944 N.Y.S.2d 909 ; Ogunmoyin v. 1515 Broadway Fee Owner, LLC, 85 A.D.3d 991, 992, 925 N.Y.S.2d 844 ; Matter of ELRAC, Inc. v. Holder, 31 A.D.3d 636, 637, 817 N.Y.S.2d 916 ). Here, the Supreme Court providently exercised its discretion in rejecting the unsubstantiated explanation of th......
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E. Sav. Bank, FSB v. Charles
...amount to a reasonable excuse” ( White v. Daimler Chrysler Corp., 44 A.D.3d 651, 651, 843 N.Y.S.2d 168;see Matter of ELRAC, Inc. v. Holder, 31 A.D.3d 636, 636–637, 817 N.Y.S.2d 916). Here, the appellants' claim of law office failure was unsubstantiated and, under the circumstances presented......
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