Inc. Vill. of Hempstead v. Jablonsky, 283 A.D.2d 553 (N.Y. App. Div. 2001). · Go Syfert
Inc. Vill. of Hempstead v. Jablonsky, 283 A.D.2d 553 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
64 citation events (64 in the last 25 years) across 4 distinct courts.
Strongest positive: Hand By Hand, PT, P.C. v. New York Cent. Mut. Fire Ins. Co. (nyappterm, 2022-07-22)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Hand By Hand, PT, P.C. v. New York Cent. Mut. Fire Ins. Co.
N.Y. App. Term. · 2022 · confidence medium
However, counsel "must submit supporting facts in evidentiary form sufficient to justify the default" ( Incorporated Vil. of Hempstead v Jablonsky , 283 AD2d 553, 554 [2001]) and include "a detailed explanation of [the] oversights" ( Hospital for Joint Diseases v ELRAC, Inc ., 11 AD3d 432, 433 [2004]; see also Grezinsky v Mount Hebron Cemetery , 305 AD2d 542 [2003]; Morris v Metropolitan Transp.
discussed Cited as authority (rule) Super Acupuncture & Herbology, P.C. v. Global Liberty Ins. Co. of N.Y.
N.Y. App. Term. · 2020 · confidence medium
In any event, defendant failed to establish a reasonable excuse for its default based on law office failure ( see CPLR 2005), as it did not "submit supporting facts in evidentiary form sufficient to justify the default" ( Incorporated Vil. of Hempstead v Jablonsky , 283 AD2d 553, 554 [2001]).
discussed Cited as authority (rule) OneWest Bank, FSB v. Singer
N.Y. App. Div. · 2017 · confidence medium
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]).
examined Cited as authority (rule) Clinton Place Med., P.C. v. Allstate Ins. Co. (3×)
N.Y. App. Term. · 2017 · confidence medium
The determination [*2] of what constitutes a reasonable excuse for a default generally lies within the sound discretion of the motion court ( see Scarlett v McCarthy , 2 AD3d 623 [2003]) and, in the exercise of its discretion, a court can accept a claim of law office failure as such an excuse ( see CPLR 2005) if the facts submitted in support thereof are in evidentiary form and are sufficient to justify the default ( see Dodge v Commander , 18 AD3d 943, 946 [2005]; Incorporated Vil. of Hempstead v Jablonsky , 283 AD2d 553, 554 [2001]).
discussed Cited as authority (rule) Sue Onishenko v. Ntansah
N.Y. App. Div. · 2016 · confidence medium
However, “it was not the Legislature’s intent to routinely excuse such defaults, and mere neglect will not be accepted as a reasonable excuse” (Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 553-554 [2001]; see JP Morgan Chase Bank, N.A. v Russo, 121 AD3d at 1049 ; Alberton Devs., Inc. v All Trade Enters., Inc., 74 AD3d 1000, 1001 [2010]; De Vito v Marine Midland Bank, 100 AD2d 530, 531 [1984]).
discussed Cited as authority (rule) HSBC Bank USA, National Ass'n v. Dalessio
N.Y. App. Div. · 2016 · confidence medium
As to that branch of Dalessio’s cross motion which was pursuant to CPLR 5015 (a) (1) to vacate the judgment of foreclosure and sale, she failed to provide “supporting facts in evidentiary form” sufficient to justify her failure to appear or answer the complaint (J & J Alarcon Realty Corp. v Plantains Rest., Inc., 123 AD3d 886, 887 [2014] [internal quotation marks omitted]; see Brehm v Patton, 55 AD3d 1362, 1363 [2008]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]).
discussed Cited as authority (rule) Natural Product Import America, Inc. v. J&J Express Trucking Corp.
N.Y. App. Div. · 2016 · confidence medium
The plaintiffs failed to proffer a reasonable excuse for their failure to appear (see Grippi v Balkan Sewer & Water Main Serv., 66 AD3d 837, 838 [2009]; Brownfield v Ferris, 49 AD3d 790, 791 [2008]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]; De Vito v Marine Midland Bank, 100 AD2d 530, 531 [1984]).
discussed Cited as authority (rule) A.M. Medical Services, P.C. v. Liberty Mutual Insurance
N.Y. App. Term. · 2010 · confidence medium
The affirmation of defendant’s attorney did not show that counsel had personal knowledge of any facts pertaining to the alleged law office failure and, therefore, the affirmation was insufficient to establish an excuse for the default (see Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]).
discussed Cited as authority (rule) Alberton Developers, Inc. v. All Trade Enterprises, Inc.
N.Y. App. Div. · 2010 · confidence medium
Even were the court to accept the plaintiffs bare allegations of attorney neglect, while CPLR 2005 allows courts to excuse a default due to law office failure, “it was not the Legislature’s intent to routinely excuse such defaults, and mere neglect will not be accepted as a reasonable excuse” (Ortega v Bisogno & Meyerson, 38 AD3d 510, 511 [2007] [internal quotation marks omitted]; see Heidari v First Advance Funding Corp., 55 AD3d 669, 670 [2008]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]; De Vito v Marine Midland Bank, 100 AD2d 530, 531 [1984]).
discussed Cited as authority (rule) Cooper v. Cooper
N.Y. App. Div. · 2008 · confidence medium
The Supreme Court properly concluded that the defendant’s excuse for his default, which was in the nature of a law office failure, was insufficient to vacate the default judgment entered against him (see Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]; Miles v Blue Label Trucking, 232 AD2d 382 [1996]).
discussed Cited as authority (rule) Heidari v. First Advance Funding Corp.
N.Y. App. Div. · 2008 · confidence medium
The alleged error, counsel’s neglect to give the summons and complaint to his assistant to open a file, cannot account for the more than three-month delay in serving an answer when counsel had full knowledge of the action (see Ortega v Bisogno & Meyerson, 38 AD3d 510, 511 [2007]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 553-554 [2001]; De Vito v Marine Midland Bank, 100 AD2d 530, 531 [1984]).
discussed Cited as authority (rule) Brehm v. Patton
N.Y. App. Div. · 2008 · confidence medium
“Although the determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court . . . , the movant must submit supporting facts in evidentiary form sufficient to justify the default” (Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]; see Solorzano v Cucinelli Family, 1 AD3d 887 [2003]).
discussed Cited as authority (rule) White v. Incorporated Village of Hempstead
N.Y. App. Div. · 2007 · confidence medium
A party seeking to vacate an order entered upon his or her default is required to demonstrate, through the submission of supporting facts in evidentiary form, both a reasonable excuse for the default and the existence of a meritorious cause of action or defense (see Hageman v Home Depot U.S.A., Inc., 25 AD3d 760, 761 [2006]; Matter of Zrake v New York City Dept. of Educ., 17 AD3d 603 [2005]; Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]).
discussed Cited as authority (rule) Wilson v. Galicia Contracting & Restoration Corp.
N.Y. App. Div. · 2004 · confidence medium
To excuse the delay, the appellant had the burden of demonstrating a meritorious defense and a justifiable excuse for the default (see Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001]; Kyriacopoulos v Mendon Leasing Corp., 216 AD2d 532, 533 [1995]).
discussed Cited as authority (rule) Solorzano v. Cucinelli Family
N.Y. App. Div. · 2003 · confidence medium
“Although the determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court, the movant must submit supporting facts in evidentiary form sufficient to justify the default” (Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553, 554 [2001] [internal citations omitted]; see Empire Chevrolet Sales Corp. v Spallone, 304 AD2d 708 [2003]; Wynyard v Antique Co. of N.Y., 247 AD2d 265 [1998]).
cited Cited as authority (rule) Trotman v. Aya Cab Corp.
N.Y. App. Div. · 2002 · confidence medium
While CPLR 2005 allows a court to excuse a default due to law office failure, mere neglect will not be accepted as a reasonable excuse (see Incorporated Vil. of Hempstead v Jablonsky, supra at 554).
discussed Cited "see" Matter of TWU Counseling Ctr. Inc. v. New York City Tax Commn.
N.Y. App. Div. · 2022 · signal: see · confidence high
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 "see" Butchello v. Terhaar
N.Y. App. Div. · 2019 · signal: see · confidence high
"A plaintiff seeking relief from a default [order] must establish a reasonable excuse for the default and a meritorious cause of action" ( Testa v Koerner Ford of Syracuse [appeal No. 2], 261 AD2d 866 , 868 [4th Dept 1999]; see Loucks v Klimek , 108 AD3d 1037, 1038 [4th Dept 2013]). " Although the determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court . . . , the movant must submit supporting facts in evidentiary form sufficient to justify the default' " ( Incorporated Vil. of Hempstead v Jablonsky , 283 AD2d 553, 554 [2d Dept 2001]; see Brehm…
discussed Cited "see" Nationwide Mutual Insurance v. Carlini
N.Y. Sup. Ct. · 2006 · signal: see · confidence high
Co., 67 NY2d 138 [1986]; see, Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553 [2d Dept 2001]; Matter of Gambardella v Ortov Light., 278 AD2d 494 [2d Dept 2000]; Parker v City of New York, 272 AD2d 310 [2d Dept 2000]).
discussed Cited "see" Santiago v. New York City Health & Hospitals Corp. (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2004 · signal: see · confidence high
While “[t]he court has discretion to accept law-office failure as a reasonable excuse ... ‘a pattern of willful default and neglect’ should not be excused” (Roussodimou v Zafiriadis, supra at 569, quoting Gannon v Johnson Scale Co., 189 AD2d 1052 [1993] [citations omitted]; see Incorporated Vil. of Hempstead v Jablonsky, 283 AD2d 553 [2001]; Espinal v City of New York, 264 AD2d 806 [1999]; Kolajo v City of New York, supra at 512).
discussed Cited "see, e.g." Wells Fargo Bank, N.A. v. McClintock
N.Y. App. Div. · 2019 · signal: see also · confidence low
Since the plaintiff failed to demonstrate a reasonable excuse for its default ( see OneWest Bank, FSB v Singer , 153 AD3d at 714-716 ; see also Incorporated Vil. of Hempstead v Jablonsky , 283 AD2d at 554 ), we need not reach the issue of whether it had asserted a potentially meritorious cause of action ( see U.S. Bank, N.A. v Dorvelus , 140 AD3d at 852 ).
Retrieving the full opinion text from the archive…
Incorporated Village of Hempstead
v.
Joseph P. Jablonsky, as Sheriff of Nassau County
Appellate Division of the Supreme Court of the State of New York.
May 21, 2001.
283 A.D.2d 553
Cited by 47 opinions  |  Published

—In an action to enjoin the defendant, Joseph P. Jablonsky, Sheriff of Nassau County, from placing the personal property of evicted tenants on the sidewalk area within the Village of Hempstead, allegedly in violation of the Village of Hempstead Code § 116-6, the plaintiff appeals from an order of the Supreme Court, Nassau County (Skelos, J.), dated January 26, 2001, which granted the defendant’s motion to vacate a judgment of the same court, entered December 19, 2000, upon his default in answering the complaint, and to vacate his default in opposing a motion for a preliminary injunction.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the judgment is reinstated.

A party seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious claim or defense (see, Matter of Gambardella v Ortov Light., 278 AD2d 494; Parker v City of New York, 272 AD2d 310). While CPLR 2005 allows courts to excuse a default due to law office failure, it was not the Legislature’s intent to routinely[*554] excuse such defaults, and mere neglect will not be accepted as a reasonable excuse (see, De Vito v Marine Midland Bank, 100 AD2d 530). Although the determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court (see, Matter of Gambardella v Ortov Light., supra; Parker v City of New York, supra; De Vito v Marine Midland Bank, supra), the movant must submit supporting facts in evidentiary form sufficient to justify the default (see, Bravo v New York City Hous. Auth., 253 AD2d 510; Peterson v Scandurra Trucking Co., 226 AD2d 691; American Sigol Corp. v Zicherman, 166 AD2d 628). Further, where the record demonstrates a pattern of default or neglect, the default should be considered intentional and, therefore, not excusable (see, Eretz Funding v Shalosh Assocs., 266 AD2d 184; Roussodimou v Zafiriadis, 238 AD2d 568).

In support of his motion to vacate his defaults, the defendant submitted the affirmation of the Nassau County Attorney who, without any personal knowledge of the events surrounding the defaults, asserted law office failure as the reasonable excuse for the defaults. Such conclusory assertions are insufficient to establish a reasonable excuse to vacate a default. Further, the record in this case demonstrates a pattern of neglect before and after the defendant defaulted in opposing the motion for a preliminary injunction, which cannot be excused. The defendant did not move to vacate the default judgment until seven months after he defaulted in answering the complaint and almost three months after he defaulted on the motion. Such conduct is more properly characterized as intentional default rather than innocent neglect. Accordingly, the Supreme Court improvidently exercised its discretion in accepting law office failure as a reasonable excuse in this case.

In light of our determination, we need not address the plaintiffs remaining contention. O’Brien, J. P., Friedmann, Feuerstein and Cozier, JJ., concur.