Brownfield v. Ferris
Opinion of the Court
Furthermore, a pattern of willful default and neglect should not be excused (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Wynne v Wagner, 262 AD2d 556 [1999]). The plaintiffs repeatedly failed to adequately comply with the court’s discovery order until the defendant moved to dismiss the complaint. Thereafter, the plaintiffs’ attorney failed to appear for three scheduled compliance conferences. The plaintiffs failed to explain this pattern of willful neglect (see Bowman v Kusnick, 35 AD3d at 644; Wechsler v First Unum Life Ins. Co., 295 AD2d 340, 341-342 [2002]; Wynne v Wagner, 262 AD2d 556 [1999]).
Moreover, the plaintiffs failed to demonstrate the existence of a meritorious cause of action. The affidavit of merit submitted in support of the plaintiffs’ motion to vacate was devoid of any evidentiary facts or detail regarding the defendant’s alleged acts of negligence (see Smith v City of New York, 237 AD2d 344, 345 [1997]; Reilly-Whiteman, Inc. v Cherry Hill Textiles, 191 AD2d 486, 487 [1993]; Lener v Club Med, 168 AD2d 433, 435 [1990]), and the complaint, which also contained conclusory assertions, was verified by the plaintiffs’ attorney and not by an individual with personal knowledge (see McKenna v Solomon, 255 AD2d 496, 496-497 [1998]; Terranova v Gallagher Truck Ctr., 121
Accordingly, the plaintiffs’ motion to vacate the order dated March 26, 2007 was properly denied. Rivera, J.P., Lifson, Miller, Carni and Eng, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.