Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06110
Mizrahi v Saraya
Read the official decision: 2026 NY Slip Op 06110
Holding The Appellate Division reversed the lower court’s order, granting the plaintiff’s motion for leave to enter a default judgment and denying the defendants’ cross-motion to compel acceptance of a late answer. The court found that the defendants failed to proffer a reasonable excuse for their default, as their claim of law office failure was conclusory and unsubstantiated.
The court’s words
the defendants failed to proffer a reasonable excuse for their default
2026 NY Slip Op 06110, at the official text
the defendants' excuse of law office failure that the former attorney assigned to the matter left the law firm was conclusory and unsubstantiated
2026 NY Slip Op 06110, at the official text
the plaintiff met his burden of establishing that the defendants had defaulted in answering the complaint
2026 NY Slip Op 06110, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06110 |
| Area of law | Civil Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06110 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1375 |
Recommended citation
ESQ HQ, New York Law Watch, Mizrahi v Saraya, 2026 NY Slip Op 06110 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06110/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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