Wilmington Sav. Fund Socy., FSB v Saunders

Holding The court affirmed the denial of the defendant’s motion to vacate a default judgment and foreclosure judgment because the defendant failed to demonstrate a reasonable excuse for the default. The court found that the attorney’s disbarment did not constitute a reasonable excuse, particularly given the lack of timely inquiry by the defendant and the timing of the disbarment relative to the default.

The court’s words

Mere neglect is not a reasonable excuse, and where there is a pattern of default and neglect, the attorney's neglect can be imputed to the client

2026 NY Slip Op 06350, at the official text

the disbarment was automatic pursuant to Judiciary Law § 90(4)(b) due to counsel pleading guilty to two felonies, not as a result of counsel's failure to communicate with clients or neglect of client matters

2026 NY Slip Op 06350, at the official text

the defendant did not offer a reasonable explanation for her failure to apprise herself about the status of the action or inquire with her former counsel about the status of the action for multiple years

2026 NY Slip Op 06350, at the official text