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“LAW OFFICE FAILURE” WAS NOT A REASONABLE EXCUSE FOR FAILING TO ANSWER THE COMPLAINT; DEFENDANT’S MOTION TO COMPEL THE PLAINTIFF TO ACCEPT A LATE ANSWER SHOULD NOT HAVE BEEN GRANTED (SECOND D

The Second Department, reversing Supreme Court, determined plaintiff did not present a reasonable excuse for failing to timely answer the complaint. Therefore, plaintiff’s motion to compel defendant to accept the late answer should not have been granted:

A defendant seeking to compel the plaintiff to accept a late answer “must show both a reasonable excuse for the default and the existence of a potentially meritorious defense” … . “Generally, the determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the court; however, reversal is warranted where the court improvidently exercises that discretion” … .

Here, the defendant failed to establish a reasonable excuse for its defaults based upon law office failure. “[T]he movant must provide a detailed and credible explanation for the purported law office failure” … . “[A] conclusory, undetailed, and uncorroborated claim of law office failure does not amount to a reasonable excuse” … . Here, the defendant’s counsel asserted in a conclusory and undetailed manner that the initial deadline to serve an answer and the extension consented to by the plaintiff’s former counsel were missed due to an office backlog and miscalendaring, and that the plaintiff’s motion for leave to enter a default judgment was “misplaced” in the office … . Raphael v City of Peekskill, 2025 NY Slip Op 02616, Second Dept 4-30-25

Practice Point: Here allegations of “law office failure” did not warrant compelling the plaintiff to accept a late answer.

 

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