Under the undisputed facts presented, plaintiff's failure to offer any opposition to defendant's motion to dismiss the complaint pursuant to CPLR 3215 (c) was not excusable within the meaning of CPLR 5015 (a) (1). Although law office failure may be accepted as a reasonable excuse (CPLR 2005), plaintiff's proffered excuse that her attorney's father unexpectedly died on the motion's return date is unavailing under the circumstances of this case. Three other attorneys in the...
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