Imovegreen, LLC v. Frantic, LLC, 139 A.D.3d 539 (N.Y. App. Div. 2016). · Go Syfert
Imovegreen, LLC v. Frantic, LLC, 139 A.D.3d 539 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Aguilar v. TMP Wireless, Inc.
N.Y. App. Div. · 2026 · confidence medium
Realty LLC , 95 AD3d 789, 790 [1st Dept 2012]), particularly in light of her extensive history of dilatory litigation conduct ( see Imovegreen, LLC v Frantic, LLC , 139 AD3d 539, 540 [1st Dept 2016]).
discussed Cited as authority (rule) Homelink Intl. Inc. v. Law Offs. of Sanjay Chaubey
N.Y. App. Div. · 2026 · confidence medium
Defendant's counsel, who is the principal of defendant law office, failed to sign up for appearance notifications under the New York State Court's e-track system, even after he admitted that he defaulted previously in this action for the same reason (<i>see New York Dangerous LLC v Librot</i>, 200 AD3d 467 , 467 [1st Dept 2021] ; <i>see also Imovegreen, LLC v Frantic, LLC</i>, 139 AD3d 539, 540 [1st Dept 2016]).</p> <p>Where the moving party "fail[s] to provide an acceptable excuse for his default, we need not address whether he had a meritorious defense" (<i>Seitzer v McFadden</i>, 219 AD3d 1…
examined Cited as authority (rule) Bey v. City of New York (3×) also: Cited "see, e.g."
N.Y. App. Div. · 2024 · confidence medium
This occurred after he received plaintiff's file, which he suggested he needed to properly address this case ( see Imovegreen, LLC , 139 AD3d at 540).
discussed Cited as authority (rule) Matter of TWU Counseling Ctr. Inc. v. New York City Tax Commn.
N.Y. App. Div. · 2022 · confidence medium
Nevertheless, we do not find that respondents' failure to respond was "part of a pattern of persistent and willful inaction" ( Imovegreen, LLC v Frantic, LLC , 139 AD3d 539, 540 [1st Dept 2016] [internal quotation marks omitted]; see Incorporated Vil. of Hempstead v Jablonsky , 283 AD2d 553, 554 [2d Dept 2001]).
discussed Cited as authority (rule) Lopez v. Mama's Fried Chicken, Inc.
N.Y. App. Div. · 2022 · confidence medium
Even if the assertion were supported by any evidence, an assertion of law office failure should be rejected where "the record shows that defense counsel was fully aware of his obligations and intentionally and repeatedly failed to attend to them" ( Imovegreen, LLC v Frantic, LLC , 139 AD3d 539, 540 [1st Dept 2016]).
discussed Cited as authority (rule) UPS Capital Corp. v. WIRELESSJACK.COM, Inc.
N.Y. App. Div. · 2019 · confidence medium
The individual defendants' conclusory statements that they did "not believe [they] ever gave . . . a guarantee" of the agreement are insufficient and indeed belied by the signed guarantees submitted by plaintiff in opposition to defendants' motion to vacate the default ( see generally Imovegreen, LLC v Frantic, LLC , 139 AD3d 539, 540-541 [1st Dept 2016]; Voss Dental Lab v Surgitex, Inc. , 210 AD2d 985, 985 [4th Dept 1994]).
discussed Cited as authority (rule) Spivey v. City of New York
N.Y. App. Div. · 2018 · confidence medium
As part of a pattern of "intentional[] and repeated[] fail[ure] to attend to [his obligations]" ( Imovegreen, LLC v Frantic, LLC , 139 AD3d 539, 540 [1st Dept 2016]), the law-office failure leading to the default was not excusable.
discussed Cited as authority (rule) Hill v. McCrae
N.Y. App. Div. · 2017 · confidence medium
Here, the excuse of law office failure proffered by McCrae and Gonzalez was not a reasonable excuse for their nonappearance at the January 2015 compliance conference, particularly given that their counsel had a history of ignoring communications from the opposing parties and, at the time of the compliance conference, *1133 McCrae had yet to be deposed, despite Supreme Court’s order that such deposition be completed on or before December 5, 2014 (see Imovegreen, LLC v Frantic, LLC, 139 AD3d 539, 539-540 [2016]; Bank of N.Y. v Mohammed, 130 AD3d 1419 , 1420 [2015]; Campos v New York City Healt…
discussed Cited as authority (rule) Cheri Restaurant Inc. v. Eoche
N.Y. App. Div. · 2016 · confidence medium
Nor is this a case in which defense counsel was “fully aware” of her obligations and “intentionally and repeatedly failed to attend to them” (cf. Imovegreen, LLC v Frantic, LLC, 139 AD3d 539, 540 [1st Dept 2016]).
Retrieving the full opinion text from the archive…
Imovegreen, LLC, Et Al., Appellants,
v.
Frantic, LLC, Et Al., Respondents
1195N 300372/13.
Appellate Division of the Supreme Court of the State of New York.
May 19, 2016.
139 A.D.3d 539
Sweeny, Renwick, Andrias, Kapnick, Kahn.
Cited by 12 opinions  |  Published

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered June 1, 2015, which, upon defendants’ motion to vacate a default judgment entered against them and to lift related restraints on their bank accounts, among other things, stayed any efforts to execute upon the default judgment, and directed defendants to post a bond in the amount of $25,000, and, upon proof of the filing of such bond, to settle an order on notice vacating the default judgment and lifting the related restraints, unanimously reversed, on the law, the facts, and in the exercise of discretion, with costs, defendants’ motion denied, and the court-ordered stay vacated.

Although “certain law office failures may constitute reason[*540] able excuses” (Mutual Mar. Off., Inc. v Joy Constr. Corp., 39 AD3d 417, 419 [1st Dept 2007]), a claim of law office failure should be rejected if the conduct is part of a pattern of “persistent and willful inaction” (Youni Gems Corp. v Bassco Creations Inc., 70 AD3d 454, 455 [1st Dept 2010]), “dilatory behavior” (Perez v New York City Hous. Auth., 47 AD3d 505, 506 [1st Dept 2008]) or “willful default and neglect” (Santiago v New York City Health & Hosps. Corp., 10 AD3d 393, 394 [2d Dept 2004]). This is such a case. Defendants’ alleged law office failure is not excusable, as the record shows that defense counsel was fully aware of his obligations and intentionally and repeatedly failed to attend to them (Forum Ins. Co. v Judd, 191 AD2d 230, 230 [1st Dept 1993]; CPLR 2005).

Among other things, defense counsel failed to appear for a preliminary conference, failed to respond to discovery demands, failed to oppose plaintiff’s separate motions to compel and to strike defendants’ pleadings and failed to appear for an inquest, ignoring numerous emails, phone calls and voice messages from plaintiffs’ counsel and the court clerk in the process. While defense counsel seeks to place the blame for this pattern of default and neglect on an associate, defense counsel himself requested the adjournment of the motion to strike in April of 2014, and his purported associate was not involved with or even mentioned in that request.

Further, plaintiffs’ counsel’s inquiry into defense counsel’s affidavit of engagement in support of that request for an adjournment revealed that defense counsel made an affirmative misrepresentation to the court, because he was not still actually engaged in the matter he claimed to be involved with. Despite the court’s accommodations in granting the adjournment, and defense counsel’s irrefutable knowledge of plaintiff’s motion to strike his pleadings, he failed to appear at the rescheduled hearing date or any future court appearances, including the inquest. It was not until defendant’s bank accounts were frozen after the default judgment was entered that defense counsel attempted to vacate the default. Plaintiff was prejudiced by defense counsel’s actions, including that they pursued their legal rights for two and a half years and incurred legal expenses while defendants abused the court system, and they may now be unable to locate several witnesses as a result of the delay.

In addition, defendants’ conclusory assertion that plaintiffs had breached the parties’ contract is insufficient to show a meritorious defense (James v Hoffman, 158 AD2d 398, 398 [1st Dept 1990]; see generally Goncalves v Stuyvesant Dev. Assoc., [*541] 232 AD2d 275, 276 [1st Dept 1996]).

Concur — Sweeny, J.P., Renwick, Andrias, Kapnick and Kahn, JJ.