| Vasquez v New York City Hous. Auth. |
| 2008 NY Slip Op 04506 [51 AD3d 781] |
| May 13, 2008 |
| Appellate Division, Second Department |
| Madelyn Vasquez, Respondent, v New York City HousingAuthority, Appellant. |
—[*1] Baron Associates, P.C., Brooklyn, N.Y. (Seth M. Katz of counsel), for respondent.
In an action to recover damages for personal injuries and wrongful death, the defendantappeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated May 8, 2007,which granted the plaintiff's motion to vacate her default in appearing at a scheduled courtconference and to restore the action to the calendar.
Ordered that the order is affirmed, with costs.
In order to vacate her default in appearing at a scheduled court conference, the plaintiff wasrequired to demonstrate both a reasonable excuse for her failure to appear and a meritoriouscause of action (see Francis v Long Is.Coll. Hosp., 45 AD3d 529 [2007]; McClaren v Bell Atl., 30 AD3d 569 [2006]; Kein v Zeno, 23 AD3d 351[2005]). What constitutes a reasonable excuse for a default lies within the sound discretion of thetrial court (see Hegarty v Ballee, 18AD3d 706 [2005]; Beizer v Funk,5 AD3d 619 [2004]), and in exercising this discretion the trial court may accept lawoffice failure as a reasonable excuse (see CPLR 2005; White v Incorporated Vil. of Hempstead,41 AD3d 709 [2007]). Here, the Supreme Court providently exercised its discretion inaccepting the plaintiff's explanation for her default in appearing at a scheduled court conferencewith substitute counsel. Moreover, there was no evidence that the plaintiff intended to abandonthe action, that the default was willful, or that the appellant was prejudiced (see White v Incorporated Vil. ofHempstead, 41 AD3d 709 [2007]; Beizer v Funk, 5 AD3d 619 [2004]). Further, the Supreme Courtcorrectly concluded that the plaintiff demonstrated a meritorious cause of action.[*2]
Therefore, the Supreme Court properly granted theplaintiff's motion to vacate her default in appearing at a scheduled court conference and to restorethe action to the calendar. Fisher, J.P., Ritter, Florio and Carni, JJ., concur.