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BURO HAPPOLD CONSULTING ENGINEERS, PC. v. RMJM

10467N, 650609/12.

107 A.D.3d 602 (2013)

968 N.Y.S.2d 61

2013 NY Slip Op 4750

BURO HAPPOLD CONSULTING ENGINEERS, PC., Appellant, v. RMJM et al., Respondents.

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

Decided June 25, 2013.

Defendants (collectively RMJM) failed to set forth a reasonable excuse for the failure to submit a timely answer to the complaint. RMJM's bare and self-serving contention that it was unable to afford counsel, made without any offer of financial proof, is not a reasonable excuse for the default (see Kanat v Ochsner, 301 A.D.2d 456, 457-458 [1st Dept 2003]). Because RMJM failed to proffer a reasonable excuse for its default, its motion...

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