North Fork Bank v. Martin

Full title: NORTH FORK BANK, as Successor by Merger to NORTH FORK BANK TRUST CO.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 19, 1999

257 A.D.2d 613 (N.Y. App. Div. 1999)

684 N.Y.S.2d 289

Opinion

January 19, 1999.

Appeal from the Supreme Court, Suffolk County (Gowan, J.).

Ordered that the order is affirmed, with costs.

The defendants' attorney failed to oppose the plaintiff's motion for summary judgment. This failure was part of a pattern of "repeated neglect" rather than an "isolated, inadvertent mistake" ( Chery v. Anthony, 156 A.D.2d 414, citing McCarthy v. Chef Italia, 105 A.D.2d 992). The Supreme Court did not improvidently exercise its discretion in concluding, under these circumstances, that there was no reasonable excuse for the default ( see also, Roussodimou v. Zafiriadis, 238 A.D.2d 568; Kolajo v. City of New York, 248 A.D.2d 512; Rock v. Schwartz, 244 A.D.2d 542).

The defendants' remaining contentions are, without merit.

Bracken, J.P., O'Brien, Sullivan and Goldstein, JJ., concur.