Labor & Employment Law

Law office failure results in a default judgment against the NYC Teachers? Retirement System

Law office failure results in a default judgment against the NYC Teachers? Retirement System
Matter of Rownd v Teachers? Retirement Sys. of the City of New York, 2008 NY Slip Op 05368, Decided on June 12, 2008, Appellate Division, First Department

R. Charles Rownd won a default judgment against the New York City Teachers? Retirement System. Supreme Court, New York County declined to grant the Retirement System?s motion to vacate a default judgment entered against the System.

According to the Appellate Division?s decision sustaining the lower court?s ruling, in addition to the System?s paralegal ?misplacing? both the Article 78 pleadings and the subsequent default judgment with notice of entry, the paralegal also provided false information as to the status of the case on two occasions.

Further, said the court, the System presented no explanation for its failure to respond to numerous communications not addressed to the paralegal.

Citing Saunders v City of New York, 283 AD2d 213, the Appellate Division held that the absence of a reasonable excuse for the default is sufficient by itself to mandate affirmance of Supreme Court?s ruling. The case was then returned to the Retirement System ?for calculation and award of present and past benefits? to be paid to Rownd.

Full post as published by New York Public Personnel Law on June 13, 2008 (boomark / email).