ATTORNEY’S FAILURE TO OPPOSE SUMMARY JUDGMENT NOT EXCUSED
After H. failed to oppose the plaintiff’s summary judgment motion, relief was granted to D. on default. When H. later sought to vacate that outcome, the New York County Supreme Court denied that request.
And on appeal, the Appellate Division, First Department, had no issue with that determination.
Apparently, H. was an “experienced litigator,” who was “healthy enough” to practice law while the summary judgment motion was pending. While H. submitted an affidavit and a doctor’s note, the AD1 found her sworn statement “conclusory,” and the note deficient, in that “it did not contain any medical conclusions or express a belief that defendant was unable to work at the time the opposition papers were due.”
Given her failure to show “a reasonable excuse for her default,” her defenses to the case were not considered, and the outcome was left undisturbed.
Think she took note of that?
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DECISION