Estrella v. 20 Bruckner, LLC

Summary

The Appellate Division, First Department modified an order denying defendants' request to vacate a default order striking their answer. The court found a reasonable excuse for the default and a meritorious opposition based on deficiencies in the good-faith affirmation, vacated the prior order, denied the motion to strike the answer, and directed an expedited compliance conference.

Holdings

1. Leave to renew was properly denied because defendants filed no written opposition to plaintiff's motion, leaving nothing for the court to renew.
2. No appeal lies from the denial of a motion for leave to reargue, so the appeal from that portion of the order was dismissed.
3. The order striking defendants' answer upon their default should have been vacated.
4. Upon vacatur of the default order, defendants demonstrated a reasonable excuse for their default and a meritorious opposition to plaintiff's motion to strike their answer.

Questions Presented

1. Whether defendants were entitled to leave to renew a motion when they had filed no written opposition to the underlying motion.
2. Whether defendants established grounds to vacate the order striking their answer upon default.
3. Whether defendants established both a reasonable excuse for their default and a meritorious opposition to plaintiff's motion to strike the answer.
4. Whether the appeal from denial of leave to reargue was permissible.
5. Whether plaintiff's affirmation of good faith satisfied the consultation requirements of the Uniform Rules for Trial Courts.

Disposition

other