MONTEFIORE MEDICAL CENTER v. HARTFORD ACCIDENT INDEMNITY COMPANY (2007)

In an action to recover no-fault medical payments, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Mahon, J.), dated April 10, 2006, which granted the defendants' motion to vacate so much of a clerk's judgment entered November 30, 2005, upon the defendants' failure to oppose their motion for summary judgment, as was in favor of the plaintiff Montefiore Medical Center and against the defendants in the principal sum of $10,910.37.

ORDERED that the appeal by the plaintiff Mount Sinai Hospital is dismissed as that plaintiff is not aggrieved by the order appealed from (see CPLR 5511);  and it is further,

ORDERED that the order is affirmed;  and it is further,

ORDERED that one bill of costs is awarded to respondents.

 Pursuant to CPLR 5015(a)(1), a court may vacate a default in opposing a motion where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious defense (see Yurteri v. Artukmac, 28 A.D.3d 545, 813 N.Y.S.2d 741;  Hageman v. Home Depot USA, Inc., 25 A.D.3d 760, 808 N.Y.S.2d 763;  Waste Mgt. of N.Y. Inc. v. Bedford-Stuyvesant Restoration Corp., 13 A.D.3d 362, 785 N.Y.S.2d 543).   The court has discretion to accept law office failure as a reasonable excuse (see CPLR 2005;  Rockland Tr. Mix, Inc. v. Rockland Enters., Inc., 28 A.D.3d 630, 814 N.Y.S.2d 196).

 In support of their motion to vacate, the defendants asserted that their default in opposing the motion for summary judgment was due to a scheduling error by their attorney's calendar department.   This was an isolated incident, and there was no evidence that the default was willful (see Rockland Tr. Mix, Inc. v. Rockland Enters., Inc., supra;  Liotti v. Peace, 15 A.D.3d 452, 453, 790 N.Y.S.2d 512;  Henry v. Kuveke, 9 A.D.3d 476, 479, 781 N.Y.S.2d 114).   Furthermore, the defendants' evidence was sufficient to make a prima facie showing of a potentially meritorious defense (see Sound Shore Med. Ctr. v. Lumbermens Mut. Cas. Co., 31 A.D.3d 743, 819 N.Y.S.2d 102;  Mount Sinai Hosp. v. Triboro Coach, 263 A.D.2d 11, 16-17, 699 N.Y.S.2d 77;  Argento v. Aetna Cas. & Sur. Co., 184 A.D.2d 487, 487-488, 584 N.Y.S.2d 607).   Accordingly, the Supreme Court properly granted the defendants' motion.