NO SWORN STATEMENTS OFFERED BY HER SICK ATTORNEYS
In August 2021, Jane Doe filed a lawsuit against AG, and others, seeking damages for negligence.
While she served AG with the legal documents, by attaching them to his door and mailing them to his address, the latter did not respond to the lawsuit.
Some 14 months later, in November 2022, Doe sought a default judgment against the guy due to his failure to respond. But AG countered with a dismissal request, arguing that Doe had "abandoned" the case by not seeking a judgment within the required one-year period as required by local law.
After the Kings County Supreme Court agreed with AG and threw the case out, an appeal ensued.
And on its review, the Appellate Division, Second Department, noted that given the untimely nature of her application, Doe needed to provide a “reasonable excuse” for the delay. The explanation that her lawyers were affected by COVID-19 was considered insufficient because it lacked detailed support and was not backed by sworn statements from the attorneys involved. Because the excuse provided was too vague and unsubstantiated to justify the delay, the dismissal was left undisturbed.
Think that made Jane Doe ill?
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DECISION