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MATTER OF LANCER INSURANCE COMPANY v. ROVIRA

45 A.D.3d 417 (2007)

846 N.Y.S.2d 114

In the Matter of LANCER INSURANCE COMPANY, Respondent, v. LIZETTE ROVIRA et al., Appellants, and UNITED STATES FIRE INSURANCE COMPANY et al., Proposed Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 20, 2007.

The excuse for the failure of Rovira and Ramos to appear for an August 1, 2005 framed-issue hearing is weak, asserting that the law office computer incorrectly listed the hearing as occurring in Nassau County, without any further explanation as to any other actions counsel took, such as appearing in Nassau County, or what they did upon discovery of the "computer glitch." Nevertheless, this amounts to law office failure, which is a recognized excuse for vacatur of a default...

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