Practice point: A default resulting from law office failure may be excused, pursuant to CPLR 2005, but defendant's denial of receipt of the papers and a letter referring to the pending motion, standing alone, is insufficient to rebut proof that the motion papers were properly mailed and the presumption of receipt.
Practitioners should note that defendant's noncompliance with court-ordered disclosure over a period of over two years will create an inference of willful and contumacious conduct warranting the striking of the answer.
Case: Bryant v. New York City Hous. Auth., NY Slip Op 00383 (1st Dept. 2010)
The opinion is here.
Monday’s issue: Labor Law.
