Trepel v. Greenman-Pedersen, Inc.
Cases that cite this one
22 later published cases cite this decision.
- Gecaj v. Gjonaj Realty & Management Corp. (Appellate Division of the Supreme Court of New York 2017)
- Spitzer v. Landau (Appellate Division of the Supreme Court of New York 2013)
- Spitzer v. Landau (Appellate Division of the Supreme Court of New York 2013)
- Uceta v. Sherwood, LLC (Appellate Division of the Supreme Court of New York 2020)
- Gage v. Village of Catskill (Appellate Division of the Supreme Court of New York 2016)
- Wells Fargo Bank, N.A. v. Krauss (Appellate Division of the Supreme Court of New York 2015)
- Ahmed v. Essex Terrace, Inc. (Appellate Division of the Supreme Court of New York 2022)
- New York City Economic Dev. Corp. v. GCC, LLC (Appellate Division of the Supreme Court of New York 2022)
- Glanz v. Caterers (Appellate Division of the Supreme Court of New York 2019)
- Zovko v. Quittner Realty, LLC (Appellate Division of the Supreme Court of New York 2018)
- Wexler v. Kinder Stuff 2010, LLC (Appellate Division of the Supreme Court of New York 2017)
- Skutelsky v. JN Natural Fruit Corp. (Appellate Division of the Supreme Court of New York 2016)
- Skutelsky v. JN Natural Fruit Corp. (Appellate Division of the Supreme Court of New York 2016)
- Aurora Loan Services, LLC v. Lucero (Appellate Division of the Supreme Court of New York 2015)
- Scott v. Ward (Appellate Division of the Supreme Court of New York 2015)
- Scott v. Ward (Appellate Division of the Supreme Court of New York 2015)
- CEO Business Brokers, Inc. v. Alqabili (Appellate Division of the Supreme Court of New York 2013)
- CEO Business Brokers, Inc. v. Alqabili (Appellate Division of the Supreme Court of New York 2013)
- Thomas v. Avalon Gardens Rehabilitation & Health Care Center (Appellate Division of the Supreme Court of New York 2013)
- Thomas v. Avalon Gardens Rehabilitation & Health Care Center (Appellate Division of the Supreme Court of New York 2013)
- Fried v. Jacob Holding, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Fried v. Jacob Holding, Inc. (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In March 2010, after the plaintiff garnished Promo-Pro’s bank account, Promo-Pro moved, in effect, pursuant to CPLR 5015 (a) (1) to vacate the judgment on the ground of excusable default. In support of the motion, Promo-Pro asserted that it had believed Credit General was defending the action because Promo-Pro had sent to Credit General the complaint and the motion for leave to enter a default judgment. Promo-Pro assumed that the action had been resolved when it heard nothing
Promo-Pro failed to establish its entitlement to relief from the judgment pursuant to CPLR 5015 (a) (1). In support of its motion pursuant to CPLR 5015 (a) (1), Promo-Pro was required to demonstrate a reasonable excuse for its default in appearing or answering the complaint and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Gray v B. R. Trucking Co., 59 NY2d 649, 650 [1983]; Alterbaum v Shubert Org., Inc., 80 AD3d 635, 636 [2011]; Lemberger v Congregation Yetev Lev D’Satmar, Inc., 33 AD3d 671 [2006]). “While the determination of what constitutes a reasonable excuse lies within the sound discretion of the Supreme Court, a general excuse that the default was caused by delays occasioned by the defendants’ insurance carrier is insufficient” (Lemberger v Congregation Yetev Lev D’Satmar, Inc., 33 AD3d at 672 [citation omitted]; see Jackson v Professional Transp. Corp., 81 AD3d 602, 603 [2011J; Gartner v Unified Windows, Doors & Siding, Inc., 71 AD3d 631, 632 [2010]; Kramer v Oil Servs., Inc., 65 AD3d 523, 523-524 [2009] ). Here, Promo-Pro’s assertion that it believed that its insurer, Credit General, was providing a defense is unsubstantiated and unreasonable in light of its conceded receipt of the plaintiffs motion for leave to enter a default judgment, which put Promo-Pro on notice that Credit General had not answered the complaint during the more than 10 months since the commencement of the action. With this knowledge, Promo-Pro merely forwarded the motion papers to Credit General without taking any additional measures to ensure that Credit General would interpose a defense. Promo-Pro demonstrated a pattern of persistent neglect which included its failure to answer the complaint, to oppose the plaintiffs motion for leave to enter a default judgment, to make any inquiry upon learning that Credit General had been declared insolvent, and to appear at the inquest (see Alterbaum v Shubert Org., Inc., 80 AD3d at 636; Edwards v Feliz, 28 AD3d 512, 513 [2006]). Under these circumstances, the Supreme Court improvidently exercised its discretion in determining that Promo-Pro had demonstrated a reasonable excuse for its failure to appear and oppose the plaintiffs motion for leave to enter default judgment against it (see Tribeca Lending Corp. v Correa, 92 AD3d 770, 771 [2012]; Alterbaum v Shubert Org., Inc., 80 AD3d at 636; cf. Merchants Ins. Group v Hudson Val. Fire Protection Co., Inc., 72 AD3d 762 [2010]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.