“ATTORNEY NEGLECT” WASN’T A BONAFIDE EXCUSE
When S.C. sought to vacate a default entered in a New York County Supreme Court case, the judge declined to grant the request, finding no "reasonable excuse" had been offered for the initial non-appearance.
On appeal, the Appellate Division, First Department, noted that S.C.’s claim -- that her attorney neglected her file -- was makeweight as no notice of appearance was ever filed by anyone claiming to be her counsel, nor did she present any evidence of such retention. Nor did any purported incompetence by said counsel serve as a statutory basis to vacate a default.
While acknowledging that unrepresented parties are usually given “some latitude,” since her pro se status did not give her any “greater rights than any other litigants,” the AD1 “unanimously affirmed” the underlying determination, particularly in light of her repeated non-compliance with court directives and deadlines.
Now come up with an excuse for that!
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DECISION