While on vacation, Ocatvio Ramos's lawyer got a phone call from the other side's counsel asking to delay the start of a trial.
After he agreed, Ramos's lawyer assumed the judge would grant the postponement and didn't report to court on the scheduled date.
As luck would have it, the judge refused to honor the parties' agreement, proceeded with the hearing, and Octavio Ramos was found in default.
When the New York County Civil Court denied a request to have the default vacated, Ramos appealed to the Appellate Term, First Department.
Although his lawyer's excuse was "hardly overwhelming," the AT1 deferred to a long-standing policy preference that cases be heard "on their merits."
While the attorney should have confirmed any postponement, and should have been ready to proceed with the trial, the appellate court still thought his conduct was "excusable law office failure" and reinstated the suit.
Isn't failure a fertilizer?
To view a copy of the Appellate Term's decision, please use this link: Ramos v. Jake Realty Co.