OneWest Bank, FSB v. Singer, 2017 NY Slip Op 6184 (N.Y. App. Div. 2017). · Go Syfert
OneWest Bank, FSB v. Singer, 2017 NY Slip Op 6184 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
76 citation events (76 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) GITSIT Solutions, LLC v. Azcuy (2×)
N.Y. App. Div. · 2025 · confidence medium
Fund Socy., FSB v Helal , 211 AD3d at 993, quoting OneWest Bank, FSB v Singer , 153 AD3d 714, 716).
discussed Cited as authority (rule) Deutsche Bank Natl. Trust Co. v. Singh
N.Y. App. Div. · 2025 · confidence medium
Here, the plaintiff's excuse that the default was the result of the plaintiff substituting counsel prior to the 2017 conference and outgoing counsel not communicating the court's requirements to incoming counsel was conclusory and speculative ( see OneWest Bank, FSB v Singer , 153 AD3d 714, 716).
examined Cited as authority (rule) 259 Milford, LLC v. FV-1, Inc. (3×) also: Cited "see"
N.Y. App. Div. · 2022 · confidence medium
Here, the defendant failed to provide a "detailed and credible explanation" for the default ( OneWest Bank, FSB v Singer , 153 AD3d at 716; see GMAC Mtge., LLC v Guccione , 127 AD3d 1136, 1138 ).
discussed Cited as authority (rule) U.S. Bank, N.A. v. Imtiaz
N.Y. App. Div. · 2021 · confidence medium
Bank v Augustin , 191 AD3d 774, 775 ). "[M]ere neglect is not a reasonable excuse" ( OneWest Bank, FSB v Singer , 153 AD3d 714, 716 [internal quotation marks omitted]; see Bank of Am., N.A. v Wood , 185 AD3d 768, 769 ).
cited Cited as authority (rule) Lefcort v. Samowitz
N.Y. App. Div. · 2018 · confidence medium
Ki Tae Kim v Bishop , 156 AD3d at 777 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d at 707 ; OneWest Bank, FSB v Singer , 153 AD3d at 716; Servilus v Walcott , 148 AD3d at 744).
cited Cited as authority (rule) Ki Tae Kim v. Bishop
N.Y. App. Div. · 2017 · confidence medium
However, “mere neglect is not a reasonable excuse” (OneWest Bank, FSB v Singer, 153 AD3d 714, 716 [2017]).
discussed Cited as authority (rule) Agility Funding, LLC v. Wilmington Trust National Ass'n
N.Y. Sup. Ct. · 2017 · confidence medium
However, it was not the Legislature’s intent to routinely excuse such defaults, and mere neglect is not a reasonable excuse.” (OneWest Bank, FSB v Singer, 153 AD3d 714, 716 [2d Dept 2017] [internal quotation marks and citations omitted]; see CPLR 2005.) Where a party asserts law office failure, it must provide a detailed and credible explanation of the default (e.g.
discussed Cited "see" HSBC Bank USA, N.A. v. Hutchinson
N.Y. App. Div. · 2023 · signal: see · confidence high
"Conclusory and unsubstantiated allegations of law office failure are not sufficient" ( U.S. Bank N.A. v Barr , 139 AD3d 937, 938 ; see U.S. Bank, N.A. v Essaghof , 178 AD3d 876 , 878). "[M]ere neglect is not a reasonable excuse" ( OneWest Bank, FSB v Singer , 153 AD3d 714, 716 ; see Bank of Am., N.A. v Wood , 185 AD3d at 769 ; U.S. Bank, N.A. v Essaghof , 178 AD3d at 878).
discussed Cited "see" Deutsche Bank Trust Co. Ams. v. Hwa Joong Yoon
N.Y. App. Div. · 2022 · signal: see · confidence high
"In making that discretionary determination, the court should consider relevant factors, such as the extent of the delay, prejudice or lack of prejudice to the opposing party, whether there has been willfulness, and the strong public policy in favor of resolving cases on the merits" ( Hamilton v New York Hosp. [*2]Queens , 183 AD3d 621, 622 ; see Lyubomirsky v Lubov Arulin, PLLC , 125 AD3d 614 ). "[M]ere neglect is not a reasonable excuse" ( OneWest Bank, FSB v Singer , 153 AD3d 714, 716 ; see Konstantakopoulos v Karakash 185 AD3d at 564 ).
discussed Cited "see" U.S. Bank, N.A. v. Essaghof
N.Y. App. Div. · 2019 · signal: see · confidence high
"Conclusory and unsubstantiated allegations of law office failure are not sufficient" ( Torres v Rely On Us, Inc. , 165 AD3d at 733 [internal quotation marks omitted]; see LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 707 ; U.S. Bank N.A. v Barr , 139 AD3d 937, 937-938 ). "[M]ere neglect [*2]is not a reasonable excuse" ( Torres v Rely On Us, Inc. , 165 AD3d at 733 [internal quotation marks omitted]; see OneWest Bank, FSB v Singer , 153 AD3d 714, 716 ; JP Morgan Chase Bank, N.A. v Russo , 121 AD3d 1048, 1049 ).
discussed Cited "see" Wells Fargo Bank, N.A. v. McClintock
N.Y. App. Div. · 2019 · signal: see · confidence high
Although "[t]he determination of whether an excuse is reasonable is committed to the sound discretion of the motion court" ( U.S. Bank, N.A. v Dorvelus , 140 AD3d 850, 852 ; see Forward Door of N.Y., Inc. v Forlader , 41 AD3d 535, 535 ), the defaulting party must submit evidence in admissible form establishing both a reasonable excuse and a potentially meritorious cause of action or defense ( see OneWest Bank, FSB v Singer , 153 AD3d 714, 715-716 ; Incorporated Vil. of Hempstead v Jablonsky , 283 AD2d 553, 554 ).
cited Cited "see, e.g." Millard v. Wyche
N.Y. App. Div. · 2018 · signal: see also · confidence low
Inc. v HCO, Inc ., 45 AD3d 530, 530 ; see also OneWest Bank, FSB v Singer , 153 AD3d 714, 715 ; Whitestone Constr.
discussed Cited "see, e.g." Bac Home Loans Servicing, LP v. Funk
N.Y. App. Div. · 2017 · signal: see also · confidence medium
Accordingly, Supreme Court did not abuse its discretion in rejecting plaintiff’s excuse as incredible (see Agway, Inc., AAP New England v Chichester, 259 AD2d 880, 880-881 [1999]; see also OneWest Bank, FSB v Singer, 153 AD3d 714, 716 [2017]).
Retrieving the full opinion text from the archive…
OneWest Bank, FSB, Respondent,
v.
Solomon Singer, Appellant, Et Al., Defendants
2015-09438.
Appellate Division of the Supreme Court of the State of New York.
Aug 16, 2017.
2017 NY Slip Op 6184
Mastro, Dillon, Cohen, Nelson.
Cited by 154 opinions  |  Published

In an action to foreclose a mortgage, the defendant Solomon Singer appeals from an order of the Supreme Court, Kings County (Ash, J.), dated August 12, 2015, which granted the plaintiff’s motion pursuant to CPLR 5015 (a) (1) to vacate an[*715] order of the same court (Schmidt, J.) dated January 8, 2015, directing the dismissal of the complaint upon the plaintiff’s failure to appear at conferences, and to restore the action to the active calendar.

Ordered that the order dated August 12, 2015, is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff’s motion is denied.

On July 12, 2006, the defendant Solomon Singer obtained a loan from nonparty Fairmont Funding, Ltd. In return, Singer executed a note, which was secured by a mortgage on real property. Thereafter, Singer allegedly defaulted by failing to make payments in accordance with the terms of the note. In January 2013, the plaintiff, OneWest Bank, FSB (hereinafter OneWest), commenced this action to foreclose the mortgage against Singer, among others. In July 2014, following several unsuccessful settlement conferences, OneWest was directed to file an appropriate motion, and a conference was scheduled for November 5, 2014. Approximately one month before the conference, on October 1, 2014, OneWest executed a consent to change attorney form. When OneWest failed to appear at the November 5, 2014, conference, the Supreme Court adjourned the matter to January 8, 2015, and directed that the complaint would be dismissed if OneWest failed to appear on that date. On January 8, 2015, the court issued an order directing the dismissal the complaint based on One West’s failure to appear at the conferences.

On May 4, 2015, OneWest moved pursuant to CPLR 5015 (a) (1) to vacate the order entered upon its default in appearing at the conferences and to restore the action to the active calendar. In support of its motion, OneWest alleged that it was unaware of the scheduled conferences “due to law office confusion” following the substitution of counsel. The Supreme Court granted the motion. Singer appeals.

A plaintiff seeking to vacate a default in appearing at a conference is required to demonstrate both a reasonable excuse for its default and a potentially meritorious cause of action (see CPLR 5015 [a] [1]; Bayview Loan Servicing, LLC v Martano, 131 AD3d 1187, 1189 [2015]; GMAC Mtge., LLC v Guccione, 127 AD3d 1136, 1138 [2015]; Hagen-Meurer v Balakhane, 127 AD3d 1020, 1020 [2015]; Lopez v Imperial Delivery Serv., 282 AD2d 190, 197 [2001]). Although “[a] motion to vacate a default is addressed to the sound discretion of the motion court” (Aurora Loan Servs., LLC v Ahmed, 122 AD3d 557, 557-558 [2014]; see U.S. Bank, N.A. v Dorvelus, 140 AD3d 850, 852 [2016]; Forward Door of N.Y., Inc. v Forlader, 41 AD3d 535 [2007]),[*716] the defaulting party must submit evidence in admissible form establishing both a reasonable excuse and a potentially meritorious cause of action or defense (see HSBC Bank USA N.A. v Nuteh 72 Realty Corp., 70 AD3d 998, 999 [2010]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]).

A court has the discretion to accept law office failure as a reasonable excuse for a party’s default (see CPLR 2005; Onishenko v Ntansah, 145 AD3d 910, 911 [2016]; JP Morgan Chase Bank, N.A. v Russo, 121 AD3d 1048, 1049 [2014]; Forward Door of N.Y., Inc. v Forlader, 41 AD3d at 535; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d at 553). However, “it was not the Legislature’s intent to routinely excuse such defaults” (Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d at 554; see Onishenko v Ntansah, 145 AD3d at 911; Ortega v Bisogno & Meyerson, 38 AD3d 510, 511 [2007]), and mere neglect is not a reasonable excuse (see Onishenko v Ntansah, 145 AD3d at 911; GMAC Mtge., LLC v Guccione, 127 AD3d at 1138; JP Morgan Chase Bank, N.A. v Russo, 121 AD3d at 1049; Ortega v Bisogno & Meyerson, 38 AD3d at 511; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d at 554).

Contrary to OneWest’s contention, it failed to provide a detailed and credible explanation of the default (see GMAC Mtge., LLC v Guccione, 127 AD3d at 1138; Aurora Loan Servs., LLC v Ahmed, 122 AD3d at 558; People’s United Bank v Latini Tuxedo Mgt., LLC, 95 AD3d 1285, 1286 [2012]; Kohn v Kohn, 86 AD3d 630, 630 [2011]; Remote Meter Tech. of NY, Inc. v Aris Realty Corp., 83 AD3d 1030, 1032 [2011]). Rather, counsel’s affirmation in support of the motion contained only the conclusory and undetailed allegation of “law office confusion” after being substituted as counsel for One West, which does not constitute a reasonable excuse (see U.S. Bank, N.A. v Dorvelus, 140 AD3d at 852; Aurora Loan Servs., LLC v Lucero, 131 AD3d 496, 497 [2015]; Forward Door of N.Y., Inc. v Forlader, 41 AD3d at 535; Piton v Cribb, 38 AD3d 741, 742 [2007]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d at 553). No other evidence was submitted to corroborate the allegation. OneWest, therefore, failed to demonstrate a reasonable excuse for its default (see Onishenko v Ntansah, 145 AD3d at 912; U.S. Bank, N.A. v Dorvelus, 140 AD3d at 852; Aurora Loan Servs., LLC v Lucero, 131 AD3d at 497; GMAC Mtge., LLC v Guccione, 127 AD3d at 1138). Accordingly, the Supreme Court improvidently exercised its discretion in granting OneWest’s motion to vacate its default (see GMAC o Minewiser, 115 AD3d 707, 708 [2014]; Ayiku o Viteritti, 54 AD3d 789 [2008]; Westchester Med. Ctr. v ELRAC, [*717] Inc., 301 AD2d 518, 519 [2003]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d at 553; see also Bender v Autism Speaks, Inc., 139 AD3d 989, 991 [2016]).

In light of our determination, we need not address the parties’ remaining contentions.

Mastro, J.P., Dillon, Cohen and Brathwaite Nelson, JJ., concur.