Hertz Vehicles LLC v. Westchester Radiology & Imaging, PC
Docket: 6620N 161271/14
Court: Appellate Division of the Supreme Court of the State of New York; May 17, 2018; New York; State Appellate Court
Original Court Document: View Document
Hertz Vehicles LLC initiated a legal action against Westchester Radiology Imaging, PC, and other defendants, including A.C. Medical, P.C. and Vital Chiropractic, P.C. The Supreme Court of New York County, under Justice Debra A. James, denied the defendants' motion to vacate a default judgment that had been entered against them and to compel acceptance of their answer. The Appellate Division, First Department, upheld this decision on May 17, 2018. The court noted that while the defendants demonstrated a reasonable excuse for their default, they failed to show a potentially meritorious defense as required by CPLR 5015(a)(1). The defendants' explanation, which attributed the default to a computer input error, was deemed insufficient. The court observed that this explanation did not account for the defendants' failure to respond after receiving notices of default or their delay in seeking to vacate the judgment, which occurred eight months after they were notified of the judgment's entry. The Appellate Division affirmed the lower court's ruling without costs, emphasizing that the defendants' counsel's vague and unsubstantiated claims regarding the default were inadequate to justify their inaction. The court referenced prior case law to support its conclusions regarding the lack of a reasonable excuse and the procedural failures of the defendants. The decision is final and constitutes the court's order.