Plaintiff commenced an action seeking damages for breach of contract. After missing multiple appearances, a default judgment was entered into against Plaintiff. Plaintiff moved to vacate the default judgment. Plaintiff alleged, among other things, that Defendant’s attorney’s failed to provide Plaintiff notice of the court appearance dates.
Suffolk County Supreme Court Justice David Reilly found that it was not the role or responsibility of the adversary attorney to personally advise counsel of notice of the court dates for Plaintiff’s case. Plaintiff did not demonstrate a reasonable excuse for their default. Defendants cross-moved for sanctions against plaintiff under 22 NYCRR 130-1.1(a) for frivolity in bringing the case and in not appearing in court.
