Justice F. Dana Winslow
Defendants moved to dismiss the action based on plaintiff’s failure to timely comply with the directive contained in a prior court order. Plaintiff claimed defendants breached a five-year dishwashing equipment lease by failing to pay the monthly rental due. The prior order vacated the judgment on the ground plaintiff did not establish entitlement to a sum certain remanding the matter for an inquest on damages, but declined to vacate defendants’ default or the determination of liability on their part. The court found plaintiff’s delay in complying with the court’s directive was tantamount to law office failure, noting it had discretion to accept law office failure as a reasonable excuse for a delay in the interest of justice. Also, it noted defendant cited no authority for application of the more restrictive "good cause" standard. The court stated the self-executing provision in the prior order was intended as a docket-control device, "not a trap for the unwary, to be exploited by the unjustified," finding defendants’ position ironic in light of their own argument on the prior motion seeking to vacate a default after an 18 month delay due to law office failure. Therefore, the court denied defendants’ motion to dismiss.
