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December 29, 2025
Failure Of Plaintiffs To Appear At Conference Results In Dismissal
Written by:
Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane, Channing J. Turner
On November 11, 2025, in Penske v. National Holding Corp., Index No. 655002/2022, Justice Andrea Masley dismissed plaintiffs’ complaint due to their failure to appear at a conference. The court had granted the motion by plaintiffs’ prior counsel to be relieved in August. The Court set a conference for August 26, 2025, to confirm that the corporate plaintiff had retained counsel and whether the individual plaintiff would represent himself. The Court explained: Read More
January 22, 2025
Court Excuses Ten-Month Delay In Answering Crossclaims Despite Law Office Failure
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On December 19, 2024, Justice Joel M. Cohen denied a motion for an order entering default against a crossclaim-defendant and allowed that party an extension of time to answer despite a ten-month delay in responding to the pleading. In Mehrnaz Nancy Homapour, et al., v. 3M Properties, LLC, et al., Index No. 653795/2015, three defendants filed crossclaims against a fellow defendant, Jacob Harounian, as part of an amended answer. Harounian’s attorney did not notice the addition of this crossclaim because the remainder of the answer was nearly identical to prior answers filed by the three parties. After ten months had elapsed, the crossclaim-plaintiffs moved for default. Read More
