Victory for the Appellate Group in a Motor Vehicle Personal Injury Action
Another victory for the SACS Appellate Group in a motor vehicle personal injury action dismissed against our clients on summary judgment without timely opposition from plaintiffs. The Second Department upheld the motion court’s discretion in denying plaintiffs’ subsequent motion to vacate their default in opposing defendants’ motion, agreeing that “plaintiffs’ undetailed and conclusory explanation of their expert’s delay in providing an expert affidavit necessary to oppose the defendants’ motion did not constitute a reasonable excuse for their default”. In light of that finding, the Court found it unnecessary to determine whether plaintiffs had a potentially meritorious opposition to defendants’ motion. The appeal was briefed by Jeremy Rosof and Christopher Simone, who also orally argued the matter.