ADL CONSTRUCTION, LLC v. CHANDLER

3524, 7091/07.

78 A.D.3d 407 (2010)

909 N.Y.S.2d 908

ADL CONSTRUCTION, LLC, et al., Respondents, v. KEITH CHANDLER, Appellant, and PONCE DeLEON BANK, Respondent, et al., Defendants.

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

Decided November 4, 2010.


Defendant failed to demonstrate a reasonable excuse for his default (see CPLR 5015[a][1]). After his bankruptcy court petition was dismissed, he was obligated to respond to plaintiffs' pending summary judgment motion, to obtain plaintiffs' consent to additional time for his response, or to seek additional time from the court. Defendant did nothing.

The record supports the court's conclusion, in light of defendant's other conduct, including his failure to make...

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