ADL Construction, LLC v. Chandler

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about April 7, 2009, which denied defendant Chandler’s motion to vacate his default in responding to plaintiffs’ motion for summary judgment, unanimously affirmed, with costs.

Defendant failed to demonstrate a reasonable excuse for his default 0see CFLR 5015 [a] [1]). After his bankruptcy court petition was dismissed, he was obligated to respond to plaintiffs’ pending summary judgment motion, to obtain plaintiffs’ consent to additional time for his response, or to seek additional time from the court. Defendant did nothing.

Th…