Legal Opinion
Thapt v. Lutheran Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2011PublishedCited by 12 opinions
1Opinion of the Court
To vacate their default in opposing the motion of the defendant Ayman Shahine for summary judgment dismissing the complaint insofar as asserted against him, the plaintiffs were required to demonstrate a reasonable excuse for not opposing the motion and a potentially meritorious opposition to the motion (see CFLR 5015 [a] [1]; Bazoyah v Herschitz, 79 AD3d 1081, 1081-1082 [2010]). The Supreme Court providently rejected the plaintiffs’ excuse of law office failure, as the record shows that the alleged mistake was not isolated, but rather part of a pattern of willful delay and default (see…
2Cases cited4 opinions
- Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
- Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Bazoyah v. HerschitzAppellate Division of the Supreme Court of the State of New York · 2010
- Donovan v. ChiapettaAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by12 opinions
- Wells Fargo Bank, N.A. v. RooneyAppellate Division of the Supreme Court of the State of New York · 2015
- Bhuiyan v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Rocco v. Family Foot CenterAppellate Division of the Supreme Court of the State of New York · 2012
- Delvalle v. Mercedes Benz USA, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- 2261 Palmer Avenue Corp. v. MalickAppellate Division of the Supreme Court of the State of New York · 2012
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