The Appellate Division affirmed the Order which denied defendant's motion to vacate a judgment entered upon her default. Following the adjournments of the pretrial conferences at which defendant failed to appear, the matter was set down for trial on March 21, 2018. Defendant failed to appear for trial due to a snowstorm on that date, and the matter was set down for trial on April 11, 2018 and marked final. Defendant again failed to appear, sending a message to the motion court through her business manager, on the day of trial, that she was ill. Given defendant's failure to make arrangements to appear on the trial date, either in person or through counsel, or in the three weeks thereafter, the motion court providently determined that her unsupported excuse for defaulting was unreasonable. Given this pattern of default, the motion court declined to reach the issue of whether defendant had a meritorious defense to the action, and, for the same reason, the Appellate Division declined to reach the issue.
1032-1034 Lexington Ave., Ltd. v. Rogers, NY Slip Op 02973 (1st Dep't May 11, 2021)
