Hyperlawhypertext legal database Baron v. Earl I. Wadhams, Inc. 139 A.D.2d 956

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Baron v. Earl I. Wadhams, Inc.

139 A.D.2d 956 Court N.Y. App. Div. Decision date 1988-04-08 Docket Appeal No. 2 English

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p. 956
Nancy R. Baron, Appellant, v Earl I. Wadhams, Inc., et al., Respondents.
(Appeal No. 2.)

— Order unanimously affirmed without costs. Memorandum: Special Term properly exercised its discretion in denying plaintiff’s motion to vacate the order, entered on default and dismissing the action on the ground of law office failure (CPLR 5015 [a] [1]; 2005). CPLR 2005 permits a court to excuse a default for law office failure; however, there must be a reasonable excuse for the delay and an affidavit of merits (see, Fidelity & Deposit Co. v Andersen &

p. 957
Co., 60 NY2d 693 , 695); plaintiff failed to provide a reasonable excuse for the delay to demonstrate that her cause of action has merit. (Appeal from order of the Supreme Court, Ontario County, Reed, J. — vacate default.) Present — Doerr, J. P., Den-man, Pine, Balio and Davis, JJ.

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