Legal Opinion
Eaton v. Equitable Life Assurance Society of United States, Inc.
New York Court of Appeals
Decided June 15, 1982PublishedCited by 116 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, for the reasons stated in the dissenting opinion of Justice David T. Gibbons in that court (81 AD2d 653, 654).
The excuses proffered by respondent amount to nothing more than law office failure, as both courts below recognized. Just as it is an abuse of discretion to accept law office failure as an excuse for a plaintiff’s failure to prosecute (Barasch v Micucci, 49 NY2d 594), so is it an abuse of *903discretion to vacate a default on the application of a defendant whose only excuse is law office…
2Cases cited2 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
3Cited by116 opinions
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- La Buda v. Brookhaven Memorial Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
- Buderwitz v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1984
111 more not listed; retrieve them via the Exa API.