Nurse v. Figeroux & Associates
| Decision Date | 22 January 2008 |
| Docket Number | 2006-08338. |
| Citation | 849 N.Y.S.2d 644,2008 NY Slip Op 00466,47 A.D.3d 778 |
| Parties | BENJAMIN NURSE, Respondent, v. FIGEROUX & ASSOCIATES et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
In order to prevail on their motion to vacate, the defendants were required to demonstrate both a reasonable excuse for their default and a meritorious defense (see Hospital for Joint Diseases v Dollar Rent A Car, 25 AD3d 534 [2006]; Fekete v Camp Skwere, 16 AD3d 544, 545 [2005]). The determination of what constitutes a reasonable excuse lies within the trial court's discretion (see Santiago v New York City Health & Hosps. Corp., 10 AD3d 393, 394 [2004]; Roussodimou v Zafiriadis, 238 AD2d 568, 569 [1997]). Although the court has the discretion to accept law office failure as a reasonable excuse (see CPLR 2005) the defendants' conclusory, undetailed, and uncorroborated claim of law office failure in this case did not amount to a reasonable excuse (see Matter of ELRAC, Inc. v Holder, 31 AD3d 636 [2006]; McClaren v Bell Atl., 30 AD3d 569 [2006]; Matter of Denton v City of Mount Vernon, 30 AD3d 600, 601 [2006]; Grezinsky v Mount Hebron Cemetery, 305 AD2d 542 [2003]). Moreover, the defendants made no attempt to demonstrate that they had a meritorious defense to the action.
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