Rutnik & Corr CPA's, P.C. v. Guptill Farms, Inc., 127 A.D.3d 1531 (N.Y. App. Div. 2015). · Go Syfert
Rutnik & Corr CPA's, P.C. v. Guptill Farms, Inc., 127 A.D.3d 1531 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: Johnson v. Boll (nyappdiv, 2022-01-20)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Johnson v. Boll
N.Y. App. Div. · 2022 · confidence medium
We are unpersuaded. "[T]o prevail on [his] motion to vacate the [default] order, plaintiff was required to demonstrate a reasonable excuse for [his] failure to appear at the [inquest] and the existence of a potentially meritorious claim" ( U.S. Bank, N.A. v Clarkson , 187 AD3d 1376, 1377 [2020] [citations omitted]; see CPLR 5015 [a] [1]; Lai v Montes , 182 AD3d 646, 648 [2020]; Matter of King v King , 167 AD3d 1272 , 1272 [2018]; Rutnick & Corr CPA's, P.C. v Guptill Farms, Inc. , 127 AD3d 1531, 1531 [2015]).
discussed Cited as authority (rule) Matter of Ronelli-Dutcher v. Dutcher
N.Y. App. Div. · 2019 · confidence medium
Given the lack of a reasonable excuse, we need not consider whether the father had a meritorious defense ( see 135 Bowery LLC v 10717 LLC , 145 AD3d 1225, 1228 [2016]; Rutnik & Corr CPA's, P.C. v Guptill Farms, Inc. , 127 AD3d 1531, 1532 [2015]).
discussed Cited as authority (rule) 135 Bowery LLC v. 10717 LLC
N.Y. App. Div. · 2016 · confidence medium
“A party seeking to vacate a judgment of default must demonstrate a reasonable excuse for the default and the existence of a meritorious defense” (Passeri v Tomlins, 141 AD3d 816, 817 [2016] [citations omitted]; see CPLR 5015 [a] [1]; Hayes v Village of Middleburgh, 140 AD3d 1359, 1361-1362 [2016]; Rutnik & Corr CPA’s, P.C. v Guptill Farms, Inc., 127 AD3d 1531, 1531 [2015]).
cited Cited as authority (rule) Matter of Village Green Hollow, LLC v. Assessor of the Town of Mamakating
N.Y. App. Div. · 2016 · confidence medium
Trust Co. v Beckman, 140 AD3d 1456, 1457 [2016]; Rutnik & Corr CPA’s, P.C. v Guptill Farms, Inc., 127 AD3d 1531, 1531 [2015]).
discussed Cited as authority (rule) Passeri v. Tomlins
N.Y. App. Div. · 2016 · confidence medium
Whether such a motion should be granted “is within the discretion of the trial court” (Rutnik & Corr CPA’s, P.C. v Guptill Farms, Inc., 127 AD3d 1531, 1531 [2015] [internal quotation marks and citation omitted]).
discussed Cited as authority (rule) US Bank National Association, as Trustee for Credit
N.Y. App. Div. · 2016 · confidence medium
In the absence of a reasonable excuse, it is unnecessary to determine whether plaintiff demonstrated a meritorious cause of -3- 522159 action (see Rutnik & Corr CPA's, P.C. v Guptill Farms, Inc., 127 AD3d 1531, 1532 [2015]).
discussed Cited as authority (rule) US Bank National Ass'n v. Thurm
N.Y. App. Div. · 2016 · confidence medium
In the absence of a reasonable excuse, it is unnecessary to determine whether plaintiff demonstrated a meritorious cause of action (see Rutnik & Corr CPA’s, P.C. v Guptill Farms, Inc., 127 AD3d 1531, 1532 [2015]).
discussed Cited as authority (rule) Deutsche Bank National Trust Company v. Beckman
N.Y. App. Div. · 2016 · confidence medium
Given that Beckman has not offered a reasonable excuse for her default, it is unnecessary for us to address the merits of her various affirmative defenses (see Rutnik & Corr CPA’s, P.C. v Guptill Farms, Inc., 127 AD3d 1531, 1532 [2015]; Wadsworth v Sweet, 106 AD3d 1433, 1434 [2013]).
Retrieving the full opinion text from the archive…
Rutnik & Corr CPA’s, P.C., Respondent,
v.
Guptill Farms, Inc., Et Al., Appellants
519325.
Appellate Division of the Supreme Court of the State of New York.
Apr 30, 2015.
127 A.D.3d 1531
Egan, Garry, Lynch, Clark.
Cited by 8 opinions  |  Published
Egan Jr., J.

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered April 8, 2014 in Saratoga County, which, among other things, denied defendants’ motion to vacate a default judgment entered against them.

In March 2006, plaintiff commenced an action for breach of contract against defendants seeking to recover payment for accounting services it had provided defendant Guptill Farms, Inc. between 2001 and 2003. Defendants failed to answer or appear, and plaintiff obtained a default judgment in February 2007. In 2013, plaintiff served a subpoena duces tecum on defendants seeking documents and deposition testimony related to enforcement of the judgment. After defendants failed to comply with the subpoena, plaintiff sought an order holding them in contempt. Defendants thereafter moved to quash the subpoena and to vacate the default judgment. Supreme Court granted the motion to quash the subpoena, but denied the motion to vacate the default judgment. Defendants now appeal.

We affirm. “[A] party seeking to vacate a default judgment must demonstrate a reasonable excuse for default and a meritorious defense . . . [and] [t]he determination of whether to vacate a default judgment is within the discretion of the trial court” (Capital Compost & Waste Reduction Servs., LLC v MacDonald, 73 AD3d 1311, 1312 [2010] [internal quotation marks and citations omitted]; see CPLR 5015 [a] [1]; Wadsworth v Sweet, 106 AD3d 1433, 1434 [2013]). We reject defendants’ proffered excuse that they were not properly served a copy of the summons and complaint inasmuch as service upon defendant William Guptill, the president of Guptill Farms, was sufficient to effect service on both himself individually and Guptill Farms (see CPLR 311 [a] [1]; Matter of Stony Cr. Preserve, Inc., 121 AD3d 1376, 1377 [2014]; Port Chester Elec. Co. v Ronbed Corp., 28 AD2d 1008, 1008 [1967]). Further, even assuming that a receiver appointed in a mortgage foreclosure action against defendants in Maine was charged with defending plaintiffs claim against them, defendants had full knowledge of the claim and have not presented any evidence that they made any inquiries regarding the status of the litigation for over seven years. In our view, defendants’ conduct amounted to a “serious lack of concerned attention to the progress of the ac[*1532] tion” (Lauro v Cronin, 184 AD2d 837, 839 [1992]; see Fishman v Beach, 246 AD2d 779, 780 [1998]). Accordingly, we agree with Supreme Court that defendants failed to offer a reasonable excuse for their default and discern no abuse of its discretion in denying defendants’ motion to vacate the default judgment (see Wood v Tuttle, 106 AD3d 1393, 1394 [2013]; Fishman v Beach, 246 AD2d at 780-781). Given the lack of a reasonable excuse, we need not address whether defendants had a meritorious defense (see Cotter v Dukharan, 110 AD3d 1331, 1333 [2013]). Finally, by not appearing in the action, defendants were not entitled to notice of plaintiffs application for a default judgment that was made within a year of defendants’ default (see CPLR 3215 [g] [1]).

Garry, J.P., Lynch and Clark, JJ., concur.

Ordered that the order is affirmed, with costs.